Legal Question in Criminal Law in New Jersey

I would suggest that you call me to discuss your case because your question is a bit too general. It is important to know what drug is involved. Also, there are solutions for a first offender which do not exist for other defendants. Additionally, I question the legality of the officer examining the contents of the bag which were not in plain view.

Call me if you like.

In New Jersey, possession of drugs in a motor vehicle is governed by N.J.S.A. 39:4-49.1, which states:

No person shall operate a motor vehicle on any highway while knowingly having in his possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (C. 24:21-1 et seq.) or any prescription legend drug, unless the person has obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.

A person who violates this section shall be fined not less than $50.00 and shall forthwith forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction.�

The primary and most significant penalty under N.J.S.A. 39:4-49.1 is a mandatory two-year license suspension. There is no provision under New Jersey law for a work license, conditional driver�s license, or anything short of an absolute suspension. There are also fines, assessments and motor vehicle surcharges that flow from a conviction.

It is also important to note this law is directed at operators, and does not apply to a passenger of a vehicle. An operator possesses a good argument against conviction under the statute if he is not within wingspan of physically controlling the marijuana. A good example for this is where the marijuana is on the person of a passenger.

Retaining an experienced attorney will increase chances of avoiding the two-year driver�s license suspension provided for under the law.

If you are charged with possession of CDS I would need to know what type of drugs we are talking about. The type of drugs would determine the severity of the crime. And honestly, I find it highly doubtful that anyone would admit to the poilice that they were the owner of the drugs found in your car. Please contact me to discuss your case in more detail. I never charge for simpl;y talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.- 908-272-0111

www.njworkerscompensationlaw.com

The advice given by others is correct: a lawyers needs to know more before anything else can be said or done.

You should engage an attorney before you talk with any law enforcement personnel or a prosecutor.

Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question. You should consult with an attorney as soon as possible to assess your legal rights so as not to prejudice yourself.