Legal Question in Criminal Law in New Jersey

Re: Marijuana Possession\Search and Seizure

Determining exactly where we stand on the search issue must wait until we request "discovery" from the prosecutor to see what the police can document regarding the noise complaint, etc. The fact that you were outside of the house is not a great start since the police have an argument that there was an odor drifting about and they could hear the noise.

In the worse case scenario, even if we can not beat the charge, this is a VERY minor charge that lends itself to being resolved a number of ways short of entering a guilty plea/being found guilty. My office is in Cherry Hill and I offer free consultations via telephone or e-mail. You can read more about Municipal Court and my services at www.njlawpages.com.

Thank you,

Daniel B. Kelley

(856)616-8080

[email protected]

Re: Marijuana Possession\Search and Seizure

As a first offender jail is an unlikely sentence. If you were not making noise the officer was trying to create a pretext for entering the backyard and was conducting an unlawful search and seizure. It is a matter of what can be demonstrated to a judge as to whether you were making noise or not.

You may be eligible for first offender treatment under which after a period of supervision by a probation officer your charge is dismissed.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Re: Marijuana Possession\Search and Seizure

As a first offender, you are eligible for what's called a "Conditional Discharge" which is essentially a probationary sentence, which upon successful completion results in an administrative dismissal of your charges. There are some substantial monetary penalties that go along with this disposition as well as potential drug testing and community service. As for the "search": It was probably an illegal search, but the practical realities of supressing the evidence recovered will depend on your ability to prove the illegality. Consult with an experienced criminal defense attorney to explore that option. [email protected]