Paramus NJ Possession of Marijuana Defense Attorneys
Marijuana Possession Charges Dismissed in Paramus NJ Thanks to the Tormey Law Firm LLC
Travis J. Tormey and Christopher Perry of the Tormey Law Firm LLC recently represented a client charged with marijuana possession under N.J.S.A. 2C:35-10(a). When the amount is under 50 grams, this is a disorderly persons offense punishable by the following: up to a $1,000 fine, up to six (6) months in the Bergen County jail, possible probation, a driver’s license suspension of 6 months to 2 years, and a permanent criminal charge if convicted. This charge may be expunged off your record after 5 years in certain circumstances (depending on the rest of your criminal history).
The client and his girlfriend were stopped for a traffic violation in Paramus on Route 17 by the Garden State Plaza Mall. During the course of the traffic stop, marijuana was found in the motor vehicle. Our drug crime defense lawyers received the initial discovery package (videos, police reports, witness statements, etc.) from the Paramus Municipal Prosecutor but were not provided with the lab report. In every drug case, the State must send the drugs (in this case marijuana) to the New Jersey State Police lab for testing. Obviously, the State can’t prove the charge, possession of marijuana, without first proving that the substance found was in fact marijuana.
In every criminal case, the defendant has a right to receive all of the discovery the State intends to rely upon in the case prior to the trial date. In addition, the defendant has a right to a speedy trial. There have been issues with the State police lab in New Jersey, especially recently. In fact, one of the lab technicians was terminated for sending out positive lab results on drugs he had never in fact tested. Typically, the lab reports take about 90 days to be produced. In this case, we appeared in court 4 or 5 times and the lab results were still missing after about 5 months. On each appearance, our marijuana defense attorneys asserted our client’s right to a speedy trial and to the missing discovery. Finally, the Judge signed an Order which required that the labs be produced to the defense within 30 days or the case would be dismissed. The labs were not produced within the required time period so the Judge dismissed the case.
This was a great result for our client and the Tormey Law Firm LLC.