Legal Question in Criminal Law in New Jersey

Marijuana Charge

While my car was stalled on the side of the road with a dead battery, I asked a police officer with help with jumper cables. He proceeded to drive down to the car and search the vehicle without consent, finding paraphernalia and a small bag of marijuana. Did he have a right to do this and can I counter the charges in any way?


Asked on 6/18/09, 10:31 pm

6 Answers from Attorneys

Kenneth Vercammen,Esq. Kenneth Vercammen

Re: Marijuana Charge

There are a number of viable defenses and arguments which can be pursued to achieve a successful result for someone charged with Possession of Drugs or other criminal charges. Our office represents people charged with criminal and disorderly persons offenses. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted, you can face prison, fines over $10,000, jail, Probation over 18 months and other penalties. Don't give up! Our Law Office can provide experienced attorney representation for criminal violations. Our web site www.njlaws.com provides information on criminal offenses we can be retained to represent people. The following is a portion of a suppression brief we wrote in successfully winning a drug possession case:

POINT 1

THE WARRANTLESS SEARCH WAS IN VIOLATION OF DEFENDANT'S FEDERAL AND STATE CONSTITUTIONAL RIGHTS. The Fourth Amendment to the United States Constitution provides:

The right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

To read entire article, go to http://www.njlaws.com/search_and_seizure_law_without_a_search_warrant.htm

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Answered on 6/22/09, 4:40 pm
Gary Moore Gary Moore Attorney At Law

Re: Marijuana Charge

Right now you have to defend yourself against the charges brought against you.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/19/09, 8:16 am
Daniel Cevallos Cevallos & Wong, LLP

Re: Marijuana Charge

This is a very interesting case on its facts. A lot will depend upon the facts of the search. Was it in plain view, etc. Give our offices a call to discuss. We offer reasonable rates.

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Answered on 6/19/09, 9:20 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Marijuana Charge

The way you describe it, this sounds like an illegal search and seizure of your vehicle and a motion to suppress the evidence can be filed. As it stands now you are facing two criminal charges that need to be taken care of before you can contemplate any charges against the police officer. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 6/19/09, 9:30 am
david bildner bildner law firm

Re: Marijuana Charge

You have probably been charged with 2 counts of what is called a disorderly persons offense in NJ. The maximum penalty for a disorderly persons offense is $1,00 in fines (plus other monetary penalties), 6 month sin jail and a 6 month - 2 year suspension of your drivers' license.

However, if the search was illegal, the drugs and paraphernalia will probably be kept out of evidence, meaning that there would be no case.

You should definitely speak with an attorney. It might be what keeps you out of jail.

If you want to talk to me about it, call 877*688*3879

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Answered on 6/19/09, 4:10 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Marijuana Charge

Based upon what you say, no. However, I am sure he has another story. Thus, you should call a good attorney as soon as possible. Call me at 732/247/3340 to discuss.

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Answered on 6/18/09, 10:55 pm


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