Marijuana Charges Dismissed Outright
Marijuana Possession Defense Lawyers in Monmouth County
Proetta & Oliver just finished up representing a client that was charged with among other things, possession of marijuana under 50 grams. Our client was alleged to have made an illegal u-turn and as a result a motor vehicle stop was conducted. When the officers approached the Defendant they alleged that they saw in plain view, several packages of Cigarillo’s and loose tobacco guts. Based on the Defendant’s alleged nervousness coupled with the “drug paraphernalia” (Cigarillo’s) the officers removed the Defendant from the motor vehicle. At which point they asked the Defendant for consent to search the vehicle. When the Defendant refused, the officer stated that they had probable cause for the aforementioned reasons and that they would be searching the vehicle regardless of whether the Defendant consents. A search of the motor vehicle was conduct and several empty baggies were located inside a larger paper bag. Based on the baggies, the Defendant was placed under arrest. A search incident to arrest was conduct and revealed that the Defendant had several grams of marijuana located in his sock.
Once our attorneys were able to examine the evidence, it was apparent that the the prosecution was going to have issues getting around the illegal search and seizure that took place. First and foremost, the prosecution was going to have a very difficult time establishing that “Cigarillo’s” in and of themselves are considered drug paraphernalia. Furthermore, the prosecution was also going to have a very difficult time establishing the “probable cause” required to be able to search the motor vehicle. With that being said, the search incident to arrest, which uncovered the marijuana, would also have to be dismissed based on the fruits of the poison tree doctrine. That doctrine basically make any and all evidence uncovered as a result of previous unconstitutional search inadmissible as well.
Based on the issues and after extensive negotiations with the prosecution, they agreed to dismiss the marijuana and drug paraphernalia charges outright. The Defendant entered a guilty plea to a Borough Ordinance and the driving while suspended charge was amended to a failure to exhibit a proper license. Therefore, our client as able to walkaway from these charges not only without a criminal record but also without having to use a diversionary program like the conditional discharge program.
Marijuana Possession Lawyers in Red Bank
If you or a loved one has been arrested with a drug offense like the possession of marijuana, the possession of marijuana with the intent to distribute, the possession of heroin or the distribution of cocaine in Monmouth County, the Law Offices of Proetta & Oliver can help. We are well aware of criminal conviction, let alone a jail sentence can do to one’s life. If you would like to speak to one of our experienced Monmouth County criminal defense attorneys about your options then please contact us at 732.858.6959. We serve all of Monmouth County, including towns like Howell, Hazlet, Holmdel, Belmar, Tinton Falls, Wall Township, Middletown and Red Bank.
State v. D.S. 2017