Legal Question in Criminal Law in New Jersey
My daughter 20 was stopped for speeding, officer asked to seach the car
she complided they found a roach in the car and she was arrested and
charged with possestion of less the 50 grams. Should she try to fight it
and plead not guilty or just plead guilty?
5 Answers from Attorneys
She should not plead guilty. If she is a first offender, she can apply for a conditional discharge. If she is not a first offender, her "consent" was not consent as a matter of law. The officer needed to have probable cause to believe she was committing a crime BEFORE he asked for her consent. Secondly, I doubt that her "consent" was voluntary; she probably felt she had no choice, except to consent. She and/or you should give me a call.
Call me if you like.
Yes, she should fight it. Call me at 732/247/3340 to discuss.
There is too much at risk to initially plead guilty....you give up all leverage if you initially plead guilty, and who knows, she may be eligible for some diversion program or have the case dismissed for a wide variety of reasons. What town did this happen? Is she aware that she may lose her driver's license if she pleads guilty to certain offenses? Did she get the speeding ticket too? Please reply.
Mike Berman
You have heard from a lot of lawyers. I agree.
Go hire a good criminal defense attorney. I do not do this work, but know some smart, tough attorneys who do.
This sounds like a case I could fight and try to suppress the evidence against your daughter. The cops can't just ask to search a car for a routine traffic stop without probable cause to do so. My belief is that this was not a valid consent to search the vehicle. Please contact me to discuss your daughter's case. I never charge for just talking to people about the charges they face. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
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