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.


Asked on 11/01/08, 12:54 pm

6 Answers from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

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

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Answered on 11/02/08, 9:32 am
Daniel Cevallos Cevallos & Wong, LLP

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.

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Answered on 11/01/08, 1:11 pm
susan cassell Susan C. Cassell, Esq.

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.

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Answered on 11/01/08, 2:33 pm
susan cassell Susan C. Cassell, Esq.

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.

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Answered on 11/01/08, 2:33 pm
Gary Moore Gary Moore Attorney At Law

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

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Answered on 11/01/08, 5:45 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

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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Answered on 11/01/08, 11:07 pm


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