Legal Question in Criminal Law in New Jersey
Whats gonna happen?
My friend got pulled over for making a left turn in a right lane. The officer came up to the car asked the driver if she knew why she got pulled over than asked us to get out of the car because he smelled burning marijuana. But marijuana was never smoked in the car, it was brand new, 2 days old. Anyway the offficer searched us and our belongings in the car. He found marijuana in my purse, which i honestly didnt know was in there. It was a very little amount, about the size of like a dime.
Anyway i was arrested for possesion. And now i have a date soon. Im not sure if its a trial but i think its a hearing. I was wondering what will happen. If it is a hearing will i get charged then, is the judge there? Or would i have to wait for the trial,is a trial needed? i dont know if it matters but im a 16 year old female, what are the possibilties of my charges? probation,community service, juvi? And will i be required to geta drug test? If i am will i be informed ahead of time or is it possible for them to give one to me on the date of my hearing? Please help me, im very worried about whats gonna happen. thank you
3 Answers from Attorneys
Re: Whats gonna happen?
If you have no prior drug charges you can get first offender treatment; submit to a period of supervision and at the end of same the charge will be marked dismissed.
I believe that the search and seizure were unconstitutional and should the basis to suppress what was seized from you so that it can not be used against you in a trial.
Speak with an attorney. Click on my web address below and call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Whats gonna happen?
Most likely, your matter will be heard in juvenile court. You probably are being charged with possession of marijuana under 50 grams which is a disorderly persons offense. Although this is a minor offense, it does carry the potential of jail time (or time in detention). However, this is highly, highly unlikely. As a lawyer who has worked previously in juvenile prosecution, I have been successfully in getting such charges dismissed after a one year period of good behvavior through negotiating what is called an "adjourned disposition." That way you won't have a juvenile record. The charge has a mandatory loss of license for 6 months and fines. You definitely should have legal representation. The court will require that you do. If you don't qualify for a public defender, you will need to seek a private attorney. Please contact me if you would like additional information or if you would like to retain my firm to help you. Thank you.
Lee Mears
Re: Whats gonna happen?
Since you are under 18 years old your case will be heard in the Superior Court and not just the local traffic court. You are being charged with a disorderly persons offense, which is a violation of the New Jersey Criminal Code. YOu are looking at fines, theoretically at least some jail time, probably probation, a loss of your driver's license or ability to get a driver's license for at least 6 months, and you would have a juvenile criminal record if you are convicted. You need a lawyer. A lawyer would most likely be able to either minimize or maybe even eliminate the charge against you. I am an attorney who has handled very many cases similar to yours in various courts in New Jersey in the past. Please have your mom or dad call me to talk about your case. I never charge any money for simply talking to people about a case. Thank you very much.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
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