Legal Question in Criminal Law in New Jersey

positive drug test

my fiance is on probation. he has a year left and never ran into any problems. his probation officer agreed to not give him any problems when they went before the judge, she had no problem letting him get off probation early.

he is divorced and the mother has the 2 kids in texas. there was always a conspiracy with the prosecutor from the da's office, the wife, and p.o. against my fiance.

long story short, at a mini hearing the p.o. and d.a submitted a positive drug test for .1gram of THC-marijuana.....not only does my fiance not smoke, the initial drug test and the retest were neither his name. we caught the errot and the da says,''your honor, i realize the name is incorrect but the id #'s are the same.

Of course they are the same!!! the first test was sent back to test again.

Is this admissible evidence to have him sent to prison for a 5 year sentence for violating probation....WHEN IT'S NOT EVEN HIS NAME?????????

NEW JERSEY BERGEN COUNTY IS KNOWN FOR 97% CONVICTION, AND THEY ARE BEYOND CORRUPT.

THANKS.


Asked on 6/07/08, 10:15 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: positive drug test

You should take two aspirin and call me on Sunday after noon.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/08/08, 1:25 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: positive drug test

So what are really asking for here? He had an attorney and obviously, the attorney you (he) are not happy with what happened. This whole situation sounds really wierd. No one goes to prison on the first VOP. Maybe its time to get a good attorney on this case.

If he was convicted, he has 45 days to appeal.

I practice statewide and I'm sure Mr. Moore will respond shortly. He has an office in Bergen County.

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Answered on 6/07/08, 10:30 pm


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