Legal Question in Criminal Law in New Jersey

smoke grenade

i flew from israel to baltimore with a stopover in newark. in my checked luggage i had collected a number of items of new and used military gear. one of the items was a smoke grenade. i was arrested in newark. i explained to them i didnt realize it was illegal because it only releases smoke. i have no criminal record. i was released on my OR. now the tsa wants to fine me $1000 or offer me a formal hearing. in addition the state of nj has given me a court date. i need some advice. ive never even gotten a speeding ticket. im in school and i have no money. is it legal for nj and the tsa to try me separately?


Asked on 4/04/06, 10:59 am

2 Answers from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

Re: smoke grenade

The Transportation Security Administration (TSA) is a federal department that has jurisdiction in areas of international travel, such as airports. You are being accused of violating their security regulations. The state of New Jersey on the other hand most likely is charging you with illegal weapons possession, with is a violation of a state statute as opposed to a federal regulation. You can in fact be prosecuted in by both agencies. There are a lot of potential complications in a case such as yours since you are a foreign resident. If you were just visiting the USA when all this happened you may (probably will) have to make repeated trips back to the USA to handle these matters. I am an attorney who has handled many criminal cases,both state and federal, in New Jersey in the past. I would like to discuss your case with you in more detail. Please contact me at your convenience. HTere is never any charge for simply talking to me about a case. Thank you.

Sincerely yours, -Ronald Aronds,Esq.-

www.njworkerscompensationlaw.com

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Answered on 4/05/06, 9:09 am
Gary Moore Gary Moore Attorney At Law

Re: smoke grenade

The State of New Jersey is sovereign within its borders and the United States government has a sovereignty which overlays that of New Jersey. You are within the jurisdiction of two sovereign powers and each can prosecute you for violate it own criminal laws. The idea is get one to recognize that it need not prosecute you.

New Jersey has a first offender program known as pretrial intervention by which you can avoid prosecution by enrolling and undergoing a period of supervision ending with the dismissal of the indictment.

I am not familiar with "tsa". What is that. Do you mean USA? If the $1,000.00 penalty is a means of avoiding conviction for a serious criminal offense that is a way out.

Whatever the penalty is you can proably pay it in installments. I note that you flew from Isreal to Baltimore; you have some money. You must take care of your prosecution problems so that your college attendance will have real value, unhobbled by a criminal conviction.

Unfortunately, you are a bit vague about what the federal government is offering you in order to avoid a formal hearing. It sounds like you are being offered some sort of pretrial intervention.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/04/06, 11:19 am


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