TJT The Tormey Law Firm Criminal Defense Attorneys

NJ Paraphernalia and Possession Charges Defeated

“Drug and paraphernalia charges are some of my favorites to fight in court. I use several advanced defense strategies with great success.”

NJ Paraphenalia ChargesThe same defenses that I use for drug and marijuana cases can be applied to paraphernalia charges as well.  I strongly recommend that you take a look at my strategy videos on marijuana defense or call my office for a free consultation.

I recently represented a client in Howell Township Municipal Court who was charged with marijuana possession under 50 grams and possession of drug paraphernalia. These are two disorderly persons offenses in New Jersey which include up to six (6) months in the county jail on each charge, a driver’s license suspension of six (6) months, and a permanent criminal charge on your record if convicted (subject to expungement after five (5) years in certain cases).

Based on the circumstances of the motor vehicle stop and the arrest, the attorneys filed a Motion to Dismiss based on a lack of probable cause for the traffic stop. In this case, the defendant was at a jewelry store when the police were called based on the alarm going off. The store employee told the officers when they responded that the alarm was false and that she forgot the alarm code to disarm it.

However, the arresting officer stated in his report that the defendant “looked suspicious”, “was nervous”, and “wouldn’t look him in the eye”. However, the officer did not question the defendant at the store or detain her in any way. Instead, he allowed the defendant to leave the store, get in her car, and drive several miles away when he pulled her over.

The basis for the traffic stop was the previous supposed “suspicious activity” of the defendant that he witnessed at the store. However, there was no motor vehicle violation or probable cause for the subsequent traffic stop. As a result, the officer pulled her over for no legal reason and the motion to suppress and dismiss the subsequently illegally seized evidence was granted. Because the initial traffic stop was invalid, any subsequent search and evidence is “fruit of the poisonous tree” and was illegally obtained.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Areas We Serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.


Hackensack Location

254 State Street

Hackensack, NJ 07601

  (201) 556-1570    Directions

Morristown Location

55 Madison Avenue Suite 400

Morristown, NJ 07960

  (908) 336-5008    Directions

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.