Legal Question in Traffic Law in New Jersey

Re: 2c:36-2 and 39:4-49

I agree with Mr. Grassi. You seem to be confused about the process here. As he stated, the court cannot revive or remand anything. It is the State that deals that does this and I doubt that anything was ever "revived".

Bottom line is, get an attorney as you are facing some of the most serious charges that municipal court has to offer.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

Re: 2c:36-2 and 39:4-49

Something about the scenario in your question is wrong. On one can "downgrade" a title 39 charge to a disorderly persons charge. Title 39 is a motor vehicle violation. It is more likely that the cop orginally wrote the drugs in a motor vehicle charge, and an indictable charge, and for whatever reason - quantity, drug test, quality of search - the prosecutor remanded as a downgrade oto the 2c:36-2. He also remanded the orignial 39:4-49.

The municipal court judge did not therefore "revive" anything, he tried you on what was in front of him on the remand. Unfortunately for you, the charges are dissimilar enough in their elements that you could be sentenced on both, and how ugly is that since there is a 2 year driver's license penalty on the possession of drugs in a motor vehicle. I don't know if you had an attorney, or if you rejected a plea bargain, or what went on.