The attorneys at the Tormey Law Firm, LLC. recently represented a client who was arrested for possession of less than 50 grams of marijuana and drug paraphernalia in Fort Lee, New Jersey. Since possession of marijuana under 50 grams is a disorderly persons offense in violation of NJSA 2C:35-10a and possession of drug paraphernalia is also a disorderly persons offense governed by NJSA 2C:36-1, the case was heard in Fort Lee Municipal Court.

The client was facing up to 6 months in the county jail, a 6-month driver’s license suspension, and a fine of up to $1,000 in connection with these drug charges. They would also be left with a conviction on their criminal record. Notably, the client previously retained our office for an indictable offense case involving eluding, which we were able to resolve successfully. Having helped them avoid prison time and a criminal record before, they returned to enlist our representation on this new marijuana matter.

One of our criminal defense lawyers, Mr. Christopher Perry, thoroughly reviewed the discovery in this case to identify potential evidentiary issues that may be used to undermine the State’s evidence. Upon investigating the circumstances, Mr. Perry pinpointed a search issue. Specifically, the evidence obtained by police was the result of an illegal search. Police failed to obtain our client’s consent to search his hotel room, making the evidence retrieved in said search inadmissible in a court of law.

In order to search an individual’s person or property, police must obtain the consent of the individual or obtain a search warrant. If a law enforcement officer conducts a search of your premises without obtaining your consent first, any evidence they obtain is considered “fruit of the poisonous tree.” This means the evidence resulted from something that violated your rights and therefore, cannot be used against you. You can check out our video on challenging illegal searches to beat drug charges.

After presenting the suppression motion to the Judge, Mr. Perry was successful in having the evidence from the hotel room suppressed. Essentially, this means the prosecutor could present the evidence to the court and it could not be used against our client. Having ruled that the evidence was inadmissible, the marijuana and drug paraphernalia charges were dismissed. As a result, our client maintains a clean criminal record and will not be subject to any of the potential penalties he faced.

Charged with Marijuana in Fort Lee, New Jersey?

At The Tormey Law Firm, our commitment is to deliver superior results to our clients. We work to earn your trust and be the only attorneys you want on your side when dealing with criminal charges in New Jersey. If you have been charged with marijuana or another drug offense in Fort Lee, New Jersey, contact us today at 201-556-1570 for a free consultation. With offices in Bergen County, we regularly defend clients in Fort Lee and nearby areas.