Legal Question in Criminal Law in New Jersey

What is our rights

My girl friend and I went to Sandy Hook National Park. While I was sitting at the drivers seat car my girlfriend sat on the floorboard at the drivers side. A state troop approached the car and asked for my information and told us to stand by his car. He asked my girlfriend if she was drinking and she said yes. He also asked if she was urinating and she said no. He called for back up and when they arrived they searched the car without asking. They looked in her purse and inside her wallet she had a marijuana cigarette. They arrested her without telling us the charges. Her rights weren�t read to her and not until she was released she was told the charges. A Prosecutor called her and told her that he was going to prosecute to the fullest extent of the law because people from New York thing they could do what ever they want.

Thank you


Asked on 9/13/04, 9:24 pm

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: What is our rights

Your girlfriend has been arrested and charged with possession of marijuana and possibly other offenses. It is essential that she consult with, and retain, a criminal defense attorney as soon as possible--particularly because the prosecutor has indicated an intention to prosecute the case vigorously.

Whether or not the police searches of the vehicle, the purse, yourself, and your girlfriend were or were not legal is dependent on many factors, and your girlfriend's attorney would need to get more of the specific facts about what happened. Her statements to the police may or may not be admissible in court, again, depending on a more specific examination of the facts. Her attorney might be able to file a motion to get some or all of the evidence/statements excluded, resulting in dismissal of the case or at least a reduction in charges or punishment.

In some cases, the police are allowed to search a vehicle without consent, as you say happened in this case. Each case is different, however. Further, your girlfriend is entitled to a written statement of the charges against her, and an attorney can help her obtain that, as well as other written material ("discovery") that might help in the defense of her case.

I strongly recommend that your girlfriend consult with an attorney immediately so that she can explore her legal rights, obligations, and options. If she wishes to discuss retaining my services, please have her contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/14/04, 8:38 am


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