Legal Question in Traffic Law in New Jersey
Possession in MV in NJ
was pulled over by a trooper, and had an active warrant. The cop searched my vehicle without probable cause and found very minute small stems of marijuana on the floor. I also have a urinalysis that was done 3 hours after the traffic stop showing all negative. Should I go with the probable cause defense, or hope that the judge won't worry about the little stems, seeing as I wasn't under the influrence while driving. Any help would be greatly appreciated.
6 Answers from Attorneys
Re: Possession in MV in NJ
I would have to read the discovery (police reports, lab reports, etc.) on your case before I could give you a full answer to your question, but my advice to everyone who is charged with a criminal offense is to go to court with a lawyer. Do not try to represent yourself on a criminal charge because the penalties are just too severe. I am an attorney who has handled many cases similar to yours in various courts in New Jersey in the past. 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.njworkerscompensationlaw.com
Re: Possession in MV in NJ
It is likely that he did have authority to search your car. You had an active warrant...for your arrest. Once a police officer has grounds to arrest, he may conduct a "search incident to arrest". That's how he gets to the stems on the floor, even if you were already out of the car. If it was in your wingspan in the car, they likely get to it, constitutionally. If they didn't get it there, they would have gotten it during an inventory search back at the station anyway after they impounded it. However, depending on the facts, here, you may have other defenses. Feel free to call our offices to discuss.
Re: Possession in MV in NJ
Unfortunately, this is not an easy one. There was probable cause because of the active warrant, and that justifies the search. If the case is in Municipal Court, you will have a greater chance of getting a good outcome, but that also depends on what the active warrant was for. If it was for not paying motor vehicle tickets,that would be a good thing. If you are in northern NJ, feel free to give me a call.
Re: Possession in MV in NJ
Unfortunately, this is not an easy one. There was probable cause because of the active warrant, and that justifies the search. If the case is in Municipal Court, you will have a greater chance of getting a good outcome, but that also depends on what the active warrant was for. If it was for not paying motor vehicle tickets,that would be a good thing. If you are in northern NJ, feel free to give me a call.
Re: Possession in MV in NJ
You need to hire an attorney because your questions indicate that you have not a clue about representing yourself in court.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Possession in MV in NJ
You should meet with an attorney ASAP. You should not assume you have a defense or the that judge will do or not do anything. Get a good attorney and let him or her handle the case.
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