Legal Question in Criminal Law in New Jersey

Question on 2C:25-10a(4) and 33:1-81b

My friend is 21 and I am 19. My friend

went into a liquor store to purchase

alcohol for him and a friend (22), as he

left the store a cop approached him and

asked for ID, the officer asked why he

seemed nervous and my friend replied

''becuase you're a cop, and i'd imagine

you'd think I was buying for somone

underage''. After his license was

scanned the cop lets him go

and he returns to me in the car. I drive

away and a few lights later notice a cop

car behind us and we get pulled over a

distance later. The cop asked me to

step out of the vehicle and tells me that

he believes my friend was purchasing

liquor for me. I tell him no, and that I

didn't even know exactly what was in

the bag. He then asks if I gave him

money for alcohol, and I say the only

money i had given him that day was

$10 for gas earlier in the evening. He

asks if I know my rights and have

anything to hide, and I reply I know,

and no I don't. The cop then asks my

friend out of the car. Then proceedes

to search the vehicle, inside small

amount of weed in my bag? The cop

never asked to search my bag, and my

friend never admiting to purchasing

alcohol, how can these charges hold?


Asked on 8/10/06, 12:19 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Question on 2C:25-10a(4) and 33:1-81b

In my opinion, there was a bad search and the evidence "should" be suppressed. However, that doesn't mean that will automatically happen. I suggest you get a good attorney to get ahead of these charges ASAP. My initial consultations are always free, so call me at 732/247/3340 and we can discuss your options.

Read more
Answered on 8/10/06, 1:33 pm
Drew Hurley Law Offices of Drew M. Hurley

Re: Question on 2C:25-10a(4) and 33:1-81b

Out of curiosity what were you charged with? In any event, based on your version of the events you should retain an attorney, or ask for a public defender if you cannot afford an attorney, to determine the validity of the stop and the search. It may well be that a supression motion is called for.

Read more
Answered on 8/10/06, 2:36 pm


Related Questions & Answers

More Criminal Law questions and answers in New Jersey