Best Defenses to Marijuana Charge in Plainfield NJ
Fight Possession of Marijuana Charges in Plainfield NJ Court
Need a lawyer for marijuana charge in Plainfield? Contact us now.
The criminal defense team at the Tormey Law Firm succeeded in getting another marijuana and drug paraphernalia case dismissed in municipal court, this time in Plainfield, New Jersey. Our client was pulled over by an unmarked police car and during the motor vehicle stop the officer smelled the odor of raw marijuana, resulting in a probable cause search of the vehicle. During the search of the car, officers found a bag of suspected marijuana and a small digital scale, resulting in charges for the possession of less than 50 grams of marijuana pursuant to N.J.S.A. 2C:35-10(a)(4) and for drug paraphernalia pursuant to N.J.S.A. 2C:36-2, both disorderly persons offenses. Fortunately for our client, a review of the discovery resulted in pinpointing a weakness in how the police documented the alleged violations and our client ended up with no criminal record despite being charged with two disorderly persons offenses.
As with all drug possession cases, it is extremely important to closely analyze all of the State’s evidence to determine the strengths and weaknesses of the prosecution’s case. Because this case was the result of a motor vehicle stop, one of the critical aspects to the prosecution of the alleged crime was whether or not the reason for the initial stop itself was based on a reasonable suspicion that there was a violation of New Jersey’s traffic laws. Here, there was a major issue: the police did not issue any traffic tickets or summonses for any moving violation and the police reports did not sufficiently articulate any valid basis to pull our client over. Thus, from the get go, our defense strategy was simple: challenge the basis of the motor vehicle stop and file a motion to suppress the evidence seized during the traffic stop. However, in discussing the matter with the prosecutor we reached a mutually acceptable resolution to the case resulting in dismissal of the marijuana possession and paraphernalia charges and our client walked out of court without any criminal convictions.
Arrested, Marijuana and Drug Paraphernalia Case in Plainfield NJ Court
Generally, in New Jersey disorderly persons offenses are punishable by up to a $1,000 fine and six months in jail; however, for drug possession and paraphernalia charges there are also mandatory Drug Enforcement Demand Reduction (DEDR) penalties in the amount of $500 as well as the suspension of the defendant’s driver’s license for six to twenty-four months. If you have been arrested and charged with the possession of a controlled dangerous substance or possession of drug paraphernalia, contact the criminal defense team at the Tormey Law Firm at 201-556-1570. We have handled countless drug cases in municipal and superior courts throughout New Jersey and we are ready to fight for you no matter what controlled dangerous substances charges you may be facing.