Legal Question in Criminal Law in New Jersey
NJ Unfair Marijuana Posession Charge
My brother, 18, and his three friends were out driving with his friends on 12/31/07. He was not driving the car. The car was searched by a police officer, and the driver took the full responsibility, and admitted to possessing marijuana and having used it.
All four were taken into the police station, and were placed in seperate rooms for questioning. My brother denied having any marijuana and also denied smoking. The officers could not find anything from my brother, and released him. An officer told him that he was not charged with anthing, and advised him to becareful from now on.
Two days ago, we received a summon and he was charged on two accounts of possession under 50 grams, and being under the inflence of CDS. He did not have anything on him when he was searched, and he was not drug tested.
1) Is there a chance for us to fight this in court? Can we try to get the case dismissed?
2) Is it possible to obtain police records/notes regarding the case?
3) He is currently a senior in highschool. How will this affect his eligibility for FAFSA?
- Kevin
2 Answers from Attorneys
Re: NJ Unfair Marijuana Posession Charge
(1) and (2) Once the matter gets to Court you will get discovery as to the case against your brother. It is possible that one or both charges can get dismissed depending on what is in the record that you receive.
(3) FAFSA (I am a parent of a HS child) should be unaffected.
Best of luck but do see a lawyer ASAP.
Re: NJ Unfair Marijuana Posession Charge
A defendant is entitled to what is known as "discovery" which is the police reports and test results for the alleged marijuana. If he was 17 when the incident occurred he will go to juvenile court. If he was 18 or older the matter will be heard in the municipal court when the vehicle was stopped. Additionally, the case could be dismissed.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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