Legal Question in Criminal Law in New Jersey

Marijuana Possesion/Lawful search and questioning?

Ok, I was considered a runaway, I was staying at a friends house, the cops came in looked at me asked me my name, I told them, then they searched me. They found a little bag of marijuana on me (under 1 gram). They arrested me(cuffs behind my back, which i was told was illegal). They brought me to the station and asked me questions(about where i got it from, etc.) They never told me any rights, that i should have a lawyer or attorny present or anything of that sort. I recieved my court papers and am charge with N.J.S. 2C:35-10(a)(4). Did the cops do anything illegal, can i get the case dismissed?


Asked on 12/12/04, 2:21 pm

1 Answer from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Marijuana Possesion/Lawful search and questioning?

Since you were considered a runaway I would assume that you are under age 18. If this is so, then the police should not have questioned you without your parents present. Even if you are over 18, questioning you without your rights being read to you may result in the answers you gave being suppressed so they couldn't be used as evidence against you at trial, if the proper motion is filed with the court. Regarding the handcuffing, that is not illegal although it does seem kind of extreme under the scenario you presented to me. I am an attorney who has handled many cases similar to yours in various courts in New Jersey in the past.If you are a juvenile please ask your parents to contact me at 908-272-0111 to discuss your case in more detail. If you are age 18 or older yo can call me yourself. There is never any charge for simply discussing a case with me. Thank you. Sincerely yours, -Ronald Aronds, Esq.-

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Answered on 12/13/04, 10:29 am


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