Legal Question in Criminal Law in New Jersey

can proscecutors seize your car for 4degree drug possession of 125ml of morphine? The morphine was for presonal use not for sale. The morphine was in its original container. No evidence of drug dealing whatsoever. No large amount of currency,or packaging material was found. The morphine that was found was for personal use.


Asked on 5/17/11, 10:38 am

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

The state can charge you with 4th degree possession of morphine if you did not have a valid prescription for same. Whether the vehicle can be seized is totally dependent upon the exact language of the applicable forfeiture statute. Forfeiture is a civil proceeding and the State must

cite the forfeiture statute upon which it relies.

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Answered on 5/17/11, 11:09 am
Ronald Aronds Law Office of Ronald Aronds, LLC

THe state has to file a lawsuit/complaint for forfeiture if they want to seize your car. You have the right to object to the forfeiture. The basis for a complaint for forfeiture is that the vehicle was used in the commission of a crime. From what you are describing your case may not be grounds for a forfeiture of your vehicle. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscomepensationlaw.com

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Answered on 5/17/11, 11:39 am


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