New Jersey Criminal Defense Journal : New Jersey Criminal Defense Lawyer & Attorney : Travis Tormey of Alexander M. Iler Law Firm : Monmouth County NJ DWI & Drunk Driving Defense

Two men were arrested in Ocean Township Saturday following a motor vehicle stop. Police stopped the vehicle based on a cracked front windshield and found the driver of the vehicle to be in possession of several small bags of crack cocaine and a crack pipe. The passenger was also charged as he was allegedly trying to conceal a small bag which contained crack cocaine and heroin. Both defendants were arrested and charged with drug possession based on this motor vehicle stop. For additional information, see the Asbury Park Press article entitled, "Two arrested on drug charges after Ocean Township traffic stop".

Charges for possession of cocaine are governed by NJSA 2C:25-10 which provides in pertinent part:

§ 2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226. Any person who violates this section with respect to:

(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 35,000.00 may be imposed;

As the above statute enumerates, charges for simple possession of cocaine are typically third degree offenses. Thus, this is an indictable criminal charge and will be handled at the county level. Further, there are enhanced penalties if you were charged in a school zone or near a public housing facility or park. Moreover, if you are found to be in possession of a substantial amount or "weight" of cocaine, you could be facing a second degree offense as well as possession of cocaine with intent to distribute.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Police arrested several individuals and confiscated 719 bags of heroin in Toms River this week after a three month investigation. On Thursday, the Toms River Police Special Enforcement Team raided an Alexandria Drive home to find heroin, drug paraphernalia, and prescription drugs inside. This led to the arrest of five individuals and a sixth person remains at large. The defendants were charged with possession of heroin, possession of heroin with intent to distribute, and possession of heroin with intent to distribute within 1,000 feet of a school zone. The defendants were arrested and are being held on various bail amounts at the Ocean County Jail in Toms River. For additional information, see the Asbury Park Press article entitled "Five arrested in Toms River heroin bust".

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Manalapan man plead guilty Wednesday to first and third degree drug possession charges with intent to distribute as part of a plea agreement reached with the Monmouth County Prosecutor's Office. In exchange for his guilty plea, the State has agreed to recommend a sentence of "10 with a 3" which essentially means ten (10) years in state prison, and three (3) years of parole ineligibility. This means that the defendant must serve at least three (3) years in state prison before he will be eligible for parole. Superior Court Judge Anthony J. Mellaci, Jr. will sentence the defendant on July 9. 

According to the Asbury Park Press article entitled, "Manalapan man pleads guilty to drug charges", "Manalapan police in 2007 raided [the defendant's] Milton Avenue residence, where they discovered numerous sheets of LSD-laced rice paper with an estimated street value of $42,500 to $127,500. Police also seized more than 4 pounds of marijuana, more than $6,000 cash and more than 7,000 prescription pills — including oxycodone and morphine — during the August 24, 2007, raid."

Based on these facts, I believe the defendant got a very favorable deal from the State. Since he was charged with a first degree drug distribution offense, he could be facing ten (10) to twenty (20) years in jail. However, based on this plea agreement, he must serve three (3) years and then he can be released on parole. I would be interested to know if there were any issues with the search which may have cause the State to offer this favorable plea deal. Essentially, if the State was worried about the ability to get the evidence in at trial based on an unlawful or illegal search without a warrant, then they may have offered this plea agreement to ensure the defendant serves some prison time.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A new bill has passed through the Assembly and Senate which would allow some severely ill patients in New Jersey to be treated with medicinal marijuana. Governor Corzine has said that he will sign the bill into law. This bill is that much closer to becoming law after the Assembly voted 48-14 in favor of the bill (this means that 14 New Jersey lawmakers skipped the vote). The Senate voted in favor of the bill 25-13. According to lawmakers, this will be the "strictest medical marijuana law in the nation" as the bill was carefully drafted to include many hurdles and safeguards to make the medicinal marijuana hard to obtain. Also, according to the Asbury Press Article, the criminal laws will still apply to those individuals who are legally prescribed marijuana and get behind the wheel of a car. These individuals would still face driving while intoxicated (DWI) charges based on their choice to drive while under the influence of marijuana. It will be interesting to see if this bill actually becomes law and the ramifications for criminal law in New Jersey.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Jackson man was arrested this past weekend for allegedly selling a fatal heroin dose. According to the Ocean County Prosecutor's Office, the defendant allegedly supplied the heroin which led to a 20-year-old man's overdose this weekend. The defendant is being held in lieu of $1 million bail. The police executed a search warrant at the defendant's home and found 350 bags of heroin and $750.00 in cash. The defendant is charged with possession of heroin, distribution of a controlled dangerous substance (CDS), and causing a drug induced death. The defendant is also facing drug possession charges arising out of an arrest in September when a Jackson police officer allegedly found him to be in possession of 22 decks of heroin. For additional information, see the Asbury Park Press article.

This is a very interesting case. It is extremely rare to see an alleged drug dealer charged with the death of a customer based on an overdose. Who should be held responsible, if anyone, for this 20-year-old man's death?  We'll see how this case develops.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

An Old Bridge resident was arrested last week in Aberdeen after police allegedly found a variety of painkillers in her vehicle upon execution of a lawful traffic stop. The police officer pulled over the defendant for driving with a suspended license. Then, while executing the traffic stop, he observed drug paraphernalia as well as a significant number of pain pills including Roxycodone, Vicodin, and Klonopin. The defendant was charged with possession of CDS and possession of a CDS in a motor vehicle. She was also given a ticket for driving while suspended. She was released from police custody after posting $2,500.00 bail.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Police arrested a Neptune couple as well as the couple's 24-year-old son Thursday after the family was caught allegedly selling crack cocaine out of their Neptune home. The investigation was conducted by Neptune township police and the Monmouth County Prosecutor's office. Based on this investigation, police obtained sufficient probable cause for a search warrant of the couple's home. Upon execution of the search warrant, police found between 1/2 ounce and five ounces of crack cocaine. All three defendants were charged with possession of CDS and possession with intent to distribute. The husband was released upon issuance of the summons, while the wife and son are being held in lieu of $200,000 bail at the Monmouth County Jail in Freehold, New Jersey.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A 32-year-old Manahawkin woman was arrested and charged with several drug related offenses after her vehicle was stopped for driving with a suspended registration Friday night. After the vehicle was stopped for the motor vehicle violation, the officer approached the vehicle and observed drug paraphernalia in the vehicle. The police then searched the vehicle and found heroin and hypodermic needles in the vehicle. Police then obtained a search warrant and searched the defendant's home. As a result, they found additional heroin and hypodermic needles at the residence. The defendant was charged with traffic offenses, possession of CDS in a motor vehicle, possession of heroin, and possession of hypodermic syringes.

This is another example of the plain view exception to the warrant requirement. Ordinarily, police are prohibited from searching your vehicle unless they are conducting a search incident to arrest or the vehicle is being impounded based on a motor vehicle violation. However, as in this case, when the police observe in "plain view" evidence of a crime such as drug paraphernalia, this allows them to conduct a search of the vehicle to obtain other evidence without getting a search warrant first. Notice, however, that the police did need to them obtain a search warrant to search the defendant's home. This search also led to additional evidence of criminal activity.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A man and a woman were arrested and charged Monday with possession of a stolen handgun, possession of cocaine with intent to distribute, and possession of marijuana with intent to distribute after law enforcement stopped the couple's vehicle and searched it. The search led to a secret compartment in the vehicle which contained cocaine, pot, and cash. After this search of the vehicle, police obtained a search warrant for the defendants' home. This search of the home led to additional marijuana and a stolen handgun which was reported stolen in Toms River in 2006. Both defendants remained in the Ocean County Jail in Toms River on $150,000.00 bail.

It will be interesting the see what the basis for the initial search of the vehicle was. Police cannot simply search a vehicle unless they have probable cause to believe that contraband is contained in the vehicle, they are conducting a search incident to arrest, or they are impounding the vehicle. If the defendants are successful in arguing that the initial search was unlawful and violated their rights, then all of the subsequent contraband found is inadmissible against them under the "fruit of the poisonous tree" doctrine. We'll see how this case unfolds.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A South Jersey doctor, whose license to practice medicine expired in 2005, has been charged with three counts of distribution of a controlled dangerous substance (CDS). He is being held in the Camden County Jail on $450,000 bail. The case is also being reviewed by the United States Attorney's Office for potential federal charges. It appears that the defendant could also be charged with prescription drug fraud and forgery in New Jersey.

The defendant was arrested Thursday after he allegedly made three sales to undercover officers. Investigators paid him $1,500 for a dozen prescriptions. According to police, the prescriptions, which were made out to multiple people, would have provided 1,440 doses of oxycodone based drugs such as Oxycontin and Percocet. The former doctor allegedly ran this prescription fraud business out of his 2005 Toyota Camry. For additional information see, "Unlicensed doc sold painkillers from his Camry".

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Police arrested a man after a traffic stop revealed more than a half-pound of marijuana, suspected hashish, drug packaging material, marijuana-growing equipment, and other drug paraphernalia. The defendant, an 18-year-old male, was charged with possession of marijuana more than 50 grams, possession of hashish, possession of CDS with intent to distribute, possession of CDS with intent to distribute in a school zone, and possession of drug paraphernalia. His bail was set at $20,000.

The basis for the search was a traffic stop conducted by Middletown police. The officer observed a car parked improperly near the intersection of Charles and Main Streets in the Port Monmouth section of town. Police said that the car, occupied by two men, was parked at an angle, too close to the intersection, and partially on the grass. When the police officer approached the vehicle to ask for identification, he allegedly smelled raw marijuana. He instructed the driver to get out of the vehicle, and when he did the officer observed a bag of pot on the floor and a second bag of weed on the driver's seat.

For additional information, see "Police: Half-pound of pot seized in Middletown traffic stop".

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Police stopped a vehicle on the Garden State Parkway on Friday June 12th after receiving reports about occupants tossing beer bottles out the window. When police approached the vehicle after effectuating a traffic stop, they observed one beer bottle in the front of the vehicle, on the floor by the passenger's side, and one bottle in the back of the vehicle. Police also allegedly spotted a bag containing 19 small packets of suspected marijuana.

Then, the vehicle was impounded based on these findings and Ecstasy tablets were also found. Based on these circumstances, two passengers were charged with possession of marijuana with intent to distribute. Another passenger was charged with possession of Ecstasy. For additional information, see "Three facing drug charges after traffic stop in Wall".

The initial basis for the search in this case was the plain view exception to the warrant requirement. The reason police did not need a warrant when they seized the marijuana is that the marijuana was in "plain view" as police approached the vehicle and effectuated a lawful traffic stop. Then, another exception to the warrant requirement was utilized in this case because the vehicle was impounded. Since the driver and passengers were arrested, the vehicle had to be impounded which allows the police to search the vehicle to conduct an "inventory search" to preserve any and all possessions in the vehicle. This is how the police lawfully obtain the drug evidence without obtaining a warrant.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Three men were arrested this week based on information provided by members of the Seaside Heights Neighborhood Watch program. The members of the group told police that there was high foot traffic in the area of one apartment on Blaine Avenue. After investigating the tip, police obtained a search warrant and three men were arrested on charges including marijuana possession, possession of drug paraphernalia, and weapons offenses. For additional information, see the Asbury Park Press article.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A California man has been convicted of conspiracy for a drug distribution scheme to bring 300 grams of methamphetamine to New Jersey from the West Coast. A Federal Court jury convicted the defendant of conspiracy for introducing three people, one of which was his brother, to a meth dealer in California and setting up a purchase between the parties. The three alleged co-conspirators entered guilty pleas for their roles in the meth distribution scheme and testified against the defendant. The defendant is scheduled for sentencing in the United States District Court, District of New Jersey, before the Honorable Katharine S. Hayden on September 9. The defendant is facing a mandatory minumum of 10 years in prison and up to a life sentence. For additional information, see the article entitled, "Former N.J. man convicted in meth distribution case".

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Linden man suspected as a principle member of a New Jersey cocaine and heroin ring surrendered to authorities earlier this week. He faces charges for conspiracy, racketeering, and maintaining a drug production facility. He has also been charged with drug and weapons offenses. The defendant is being held at the Union County Jail on $3 million bail. The Union County Prosecutor said the drug operation was broken up during a series of raids over the weekend beginning Thursday, April 23, resulting in 15 arrests, the seizure of more than three kilos of cocaine, $80,577 in cash and several guns. For additional information, see the Asbury Park Press article.

This is a major drug bust for the Union County Prosecutor's office and law enforcement in New Jersey. The amount of cocaine which they were able to get of the street is a major success for that office and the State. We'll see if defense counsel can successfully challenge any of the search warrants obtained by the police in execution of this drug bust.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Freehold man has been charged in connection with his attempt to get a fraudulent prescription filled in Middlesex, New Jersey. The defendant allegedly took the fraudulent prescription for oxycodone to Boro Hall Pharmacy in Middlesex on Bound Brook Road. The prescription was supposedly written by a Brooklyn doctor. The pharmacist called the Brooklyn doctor to confirm the prescription. Unfortunately for the defendant, the doctor did not authorize the prescription or recognize the defendant's name. As a result, the defendant has been arrested and charged with drug possession and fraud. He is being held at the Middlesex County Adult Correction Center in North Brunswick on $35,000 bail.

Charges for prescription drug fraud in New Jersey are enumerated in N.J.S.A. 2C:35-13 which provides:

§ 2C:35-13. Obtaining by fraud

   It shall be unlawful for any person to acquire or obtain possession of a controlled dangerous substance or controlled substance analog by misrepresentation, fraud, forgery, deception or subterfuge. It shall be unlawful for any person to acquire or obtain possession of a forged or fraudulent certificate of destruction required pursuant to N.J.S.A. 2C:35-21. A violation of this section shall be a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 50,000.00 may be imposed. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of this title.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A routine traffic stop on Monday led to a major cocaine and heroin bust as well as $425,000 in drug money. Two Asbury Park residents were arrested earlier this week on numerous drug charges including drug possession, money laundering, and possession of drug paraphernalia. Police conducted a routine traffic stop based on a motor vehicle violation and observed what they believed to be heroin in the vehicle.  As a result, police conducted a search and seized 40 bricks of heroin from the vehicle with a street value of approximately $12,000. Then, police obtained a search warrant to search the suspect's residence and seized a significant amount of cocaine, heroin, and drug money. Both suspects are being held at the Monmouth County Jail with significant bail amounts. For additional information, see "Traffic stop leads to seizure of drugs".

It will be interesting to see what the probable cause for the initial traffic stop was. The article merely says "a violation of a motor vehicle regulation." Further, the police also were only allowed to search the vehicle if the drugs were in fact in "plain view". Otherwise, they were not permitted to search the vehicle based on an ordinary motor vehicle stop. It does not appear that the individual was under arrest based on the initial stop so the police could not conduct a search incident to arrest or impound the vehicle based on the arrest of the driver.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I attended a seminar last week on Drug Court given by the Honorable Thomas Scully, J.S.C. at the Monmouth County Superior Court in Freehold, New Jersey. This seminar was extremely helpful and informative to me as a criminal defense attorney and Drug Court is an important avenue to understand when trying to achieve the best possible resolution for a client charged with a drug offense in New Jersey.

Drug Court is essentially a non-adversarial process whereby the State and the defense attorney work together to provide assistance to a non-violent drug addicted offender.A defendant may be eligible for drug court under N.J.S.A. 2C:35-14 (Special Probation for prison-bound offenders) or N.J.S.A. 2C:45-1 (Ordinary Probation) according to the guidelines of the Drug Court Manual. The Drug Court probationary period requires intensive probation supervision, including frequent and random urine testing, along with employment and other counseling and drug treatment programs.

According to the statistics I received at the seminar, of the one hundred and one (101) Monmouth County Drug Court graduates prior to January 29, 2009, only 1 was sent to State prison for a new offense after completing the program. Thirty four (34) were employed when they entered the drug court program and ninety five (95) were employed by the end of the program. Only 12% of the offenders had medical benefits when they started the drug program while 70% had benefits upon completion. Further, only 9% of the offenders had a valid driver's license upon entering the program. Upon graduation from the program, 70% had received a license or restored their driving privileges.

As you can see, Drug Court is extremely successful in rehabilitating these non-violent drug addicted offenders. This helps turn the lives around of these defendants. Moreover, this program is helpful to the State by creating productive members of society while also alleviating some of the drug problems in New Jersey. Further, incarceration of one (1) adult defendant for a period of one year costs the state $37,000. The first year of drug court, on the other hand, costs the State between $5,400 and $19,500 depending on the type of treatment. As a result, this program is beneficial to all involved and is a positive result for clients with drug addiction issues.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

A Trenton man was sentenced yesterday to ten (10) years in federal prison for his role in a cocaine distribution ring. He was the middleman in a drug distribution scheme which sold large quantities of cocaine in New Jersey and Pennsylvania. As part of his plea agreement, he was also ordered to forfeit $270,000 of drug money to the government. For additional info, please see "Cocaine Distribution Charges for Trenton Man".

His guilty plea was actually to charges for conspiracy to distribute cocaine and to a weapons charge. In New Jersey, charges for cocaine distribution are governed by N.J.S.A. 2C:35-5, which provides for different penalties for cocaine charges depending on the weight of the drug in the defendant's possession. If you are in possession of five (5) ounces or more of cocaine, this is a first degree crime in New Jersey which provides for ten (10) to twenty (20) years in prison if convicted. If you are caught with less than five ounces but more than one-half ounce of cocaine, you will be charged with second degree cocaine possession with intent to distrbute which includes five (5) to ten (10) years in prison. If you are apprehended with less than one-half ounce of cocaine in your possession, you may be charged with third degree cocaine possession with intent to distribute. Third degree offenses in New Jersey generally include one (1) to five (5) years in prison.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I recently represented a client in Middlesex County Superior Court charged with possession of heroin and possession of heroin with intent to distribute (both third degree offenses). He was also charged with 4th degree unlawful possession of prescription drugs.

After examining the discovery evidence provided by the State, I determined that the Defendant did not have any valid defenses and/or triable issues whereby we could beat the charges at trial. Essentially, my client was found with the heroin in his possession and the probable cause for the search was sound. Thus, the goal was to keep my client out of jail and to avoid a criminal record if possible.

I was able to negotiate an extremely favorable result for my client. He applied and was accepted into New Jersey's Pre-Trial Intervention program whereby, if he successfully completes the two (2) year supervisory period, the charges against him will be dismissed and he will avoid both jail and a criminal record altogether. He is required to obtain treatment for his drug addiction and counseling under the PTI Supervision program. This was a beneficial result for both my client and the State.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A heroin supply ring which allegedly brought in $750,000 a week was busted this past week by federal, state, local, and county police in New Jersey. According to the article in the Asbury Park Press, a Newark man bought heroin in bulk and used his grocery store and other homes in Essex County to dilute and package the drugs. He then sold the heroin to mid level dealers who in turn distributed it to the street dealers throughout New Jersey. The bust led to fifty arrests. "Federal DEA agents, members of the Monmouth County Prosecutor's Office, and local police seized drugs with a street value of almost $1 million dollars, including 30,700 packets of heroin that weighed more than 61/2 pounds and was worth about $460,500." The operation known as "Operation Life," was one in which members of various gangs such as the Bloods, Crips and Five Percenters worked together because they had a common interest of earning drug money off the street. In my experience as a criminal defense attorney, this is extremely rare to see rival gangs working together for any purpose.

Most of the arrests were made last Tuesday and they were announced Wednesday morning at a news conference in Freehold, attended by state Attorney General Anne Milgram, Monmouth County Prosecutor Luis A. Valentin, representatives from local police departments, the New Jersey State Police, the FBI, the Essex County Prosecutor's Office, and the Monmouth County Sheriff's Office. This was obviously a huge team effort for all aspects of law enforcement in New Jersey to bring down this large heroin trafficking ring.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In February, I posted a blog article called "Get your headlights fixed". Here is a perfect example why. Police stopped a car this past week in Keyport, NJ for a broken taillight. As the officer approached the vehicle he smelled the odor of marijuana emanating from the car. As a result, the officer utilized a police dog to find the drugs. The dog alerted the officer to the area near the gas tank door. The police found nine (9) bags of marijuana hidden under the fuel tank door. The police also found $750 cash. The defendants are charged with possession of marijuana, possession with intent to distribute, possession with intent to distribute in a school zone, and possession of drug paraphernalia. Both men are being held at the Monmouth County Jail in Freehold, New Jersey on $30,000 bail.

If you are driving a vehicle with a headlight or taillight out, this is a violation of New Jersey Motor Vehicle Laws and gives law enforcement a valid reason to pull you over. Thus, there will be no way for a defense attorney to challenge the initial stop. However, police are not allowed to search your vehicle just based on this traffic stop. On the other hand, if police see drugs or other contraband in "plain view", detect the odor of marijuana, or smell alcohol in the vehicle or on the breath of the driver, this can lead to other, much more serious charges such as drug possession or drunk driving. As a result, it is important to keep all your car lights in working order at all times.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Rumson, New Jersey doctor was sentenced to 41 months in prison this past week for unlawfully prescribing oxycodone and for conspiracy to launder money derived from illegal drug distribution. U.S. District Court Judge Anne E. Thompson also ordered that the defendant be subject to three (3) years supervision and pay fines of $9,000. His plea agreement also included a loss of his medical license, payment of $302,000 in taxes, interest, and penalties, and forfeiture of another $120,000 to the government.

An undercover officer stated that the waiting room of this doctor's facility was worse than most drug dens. According to an assistant United States attorney on the case, this doctor wrote more prescriptions of one particular type and dosage unit of pain pill than any physician in the country. According to the article I read in the APP called "Pill Mill Doctor gets 41 months", "[o]ne patient was prescribed 2,700 powerful pain pills in just six weeks. Assuming that woman stayed awake 24 hours a day, for six weeks, she would have had to take 2.68 pills every hour of every day for six weeks to finish that prescription." The prosecutor also said that the doctor knew that patients were selling half of their prescriptions for cash on the black market and keeping the rest for themselves.

Prescription drug charges and prescription fraud cases are becoming more and more prevalent in this area. Our office handles these cases all the time. Prescription drug addiction, especially to painkillers like oxycodone, is a real problem in New Jersey and must be recognized and treated to avoid legal problems like these.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

New Jersey police stopped a New York man driving a van in Woodbridge and seized 317 pounds of marijuana from the van. Think about how much pot that actually is.....317 pounds. The estimated value of the marijuana is $800,000.

NJ Police stopped the vehicle after receiving a tip that marijuana was being shipped from Los Angeles to Queens, N.Y. and that a transfer of the product would occur in Woodbridge, N.J. The driver has been charged with possession of marijuana under N.J.S.A. 2C:35-10 (over 50 grams of marijuana) and possession with intent to distribute under N.J.S.A. 2C:35-5 (25 pounds or more). The possession charge is only a fourth degree offense which involves up to 18 months in prison but the possession with intent charge is a first degree offense which involves 10 to 20 years in prison. The driver is being held at Middlesex County Jail on $100,000 bail.

Usually marijuana charges are the least serious offenses in terms of drug charges in New Jersey. However, if a suspect is caught with a significant amount of marijuana (more than 25 pounds), like in this case, the defendant is facing extensive prison time.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In New Jersey, charges for distribution of marijuana depend on the weight of the drugs in your possession. The New Jersey statute governing marijuana charges for possession with intent to distribute is N.J.S.A. 2C:35-5 which provides in relevant part:

§ 2C:35-5. Manufacturing, distributing or dispensing

a. Except as authorized by P.L. 1970, c. 226, it shall be unlawful for any person knowingly or purposely:

(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or

(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

b. Any person who violates subsection a. with respect to:

(10) (a) Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-3, a fine of up to $ 300,000.00 may be imposed;

(b) Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;

(11) Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 25,000.00 may be imposed;

(12) Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree;

As the above statute enumerates, if you are caught with twenty-five (25) pounds or more of marijuana, this is a first degree offense which involves ten (10) to twenty (20) years in prison. If you are caught with more than five (5) pounds of weed but less than twenty-five (25) pounds, this is a second degree offense which involves five (5) to ten (10) years in prison. If you are caught with more than one (1) ounce of pot but less than five (5) pounds, this will be graded as a third degree crime which entails one (1) to five (5) years in prison. Finally, if you are caught with less than one (1) ounce of marijuana, this is a fourth degree offense which involves up to eighteen (18) months incarceration.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Middletown man recently had his possession of marijuana charges dismissed in Wall Municipal Court. Steven J. Greenberg, 57, lost his financial advisor job at Smith Barney after his arrest in October. He was charged with "simple possession of marijuana", less than 50 grams, under N.J.S.A. 2C:35-10(4).

N.J.S.A. 2C:35-10(4) provides, "It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance. Any person who violates this section with respect to: (4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person." A disorderly persons offense under New Jersey law includes up to six (6) months in prison if convicted.

Greenberg was charged when a man delivered an envelope containing a small amount of marijuana to Greenberg's work at Smith Barney. When the receptionist took the delivery of the package, she opened the envelope and found a suspected bag of pot inside. As a result, she contacted the police.

However, the State was unable to prove the necessary elements under the statute and the defendant moved to dismiss the charges. The State could not prove that the defendant possessed the marijuana or had arranged to obtain the marijuana in any way. As a result, the State could not satisfy the elements of the above statute and the charges were dismissed by Judge Thomas Brennan in Wall Municipal Court.

This was the proper outcome in this case. As you can see, it is essential to hire an experienced criminal defense attorney to combat your charges. In this case, the defendant had the charges completely dropped based on the State's failure to prove the necessary elements of the crime. For additional information on this case, see "Financial Adviser's Drug Possession Charge Dismissed".

• Email This
• Print
• Comments
• Trackbacks
• Share Link

     I am always amazed at the number of "simple possession of marijuana" charges I see in municipal courts throughout the State of New Jersey. I guess there are a lot more smokers out there than I ever realized. Simple possession of marijuana usually refers to the "less than 50 grams" offense. This is a "2C" criminal charge which means it results in a permanent criminal record if convicted. These simple possession of marijuana charges are governed by N.J.S.A. 2C: 35-10(3) and N.J.S.A. 2C:35-10(4). Often, individuals who are caught smoking pot or with a pipe, bong, or other smoking instrument are charged not only with possession of drug paraphernalia but possession of marijuana based on the residue in the drug paraphernalia. Thus, even if you don't have marijuana on you but you are caught with the instrument which was used to smoke it, you are facing possession of marijuana charges as well.

     Rather than merely plead guilty to a simple possession charge, which many individuals unfortunately do because they do not speak with an attorney, a defendant charged with simple possession is often eligible for a conditional discharge. This is a diversion which allows a defendant, who has never been in trouble before, to avoid this criminal charge on their permanent record. Essentially, the individual is given a one year probationary period where, if the individual stays out of trouble and is not arrested during the one year probationary period, the drug possession charge goes away forever. However, if the individual is arrested and charged with another offense, they are facing the original drug possession charge as well as the additional charges. In New Jersey, you are only allowed one conditional discharge in your life so use it wisely.

• Email This
• Print
• Comments
• Trackbacks
• Share Link