Marijuana & Drug Paraphernalia Charges Dismissed in Monmouth County
Judge Dismisses Possession of Marijuana Under 50 Gram Charge
Proetta & Oliver just resolved a marijuana case in the Deal Municipal Court which dated back to July of 2017. Our client was pulled over in the Borough of Deal for an alleged equipment violation. Upon speaking to our client, the police officer began to question him about his observations and eventually called a K-9 unit to the scene because of the odor of marijuana. Based on all the circumstances, the officers believe they had enough probable cause to justify searching our client’s vehicle. A subsequent search of the motor vehicle was conducted. During the search, the arresting officer discovered several grams of marijuana as well as several glass smoking pipes. As a result of their findings, our client was placed under arrest and formally charged with possession of marijuana under 50 grams, possession of drug paraphernalia, possession of a controlled dangerous substance in a motor vehicle, failure to produce a registration card and a violation for having a broken car mirror.
Upon reviewing the discovery, which included numerous police reports as well as a video from the police car, it was clear their were several issues with the prosecutions case. After appearing in the Deal Municipal Court several times in court and discussing the strengths of the prosecution’s case as well as the missing discovery, which include the lab reports for the suspected marijuana, the Judge agreed to sign what is known as a Holup Order. This order in essence requires the prosecution to provide the outstanding discovery within a certain time period. Failure to provide the discovery could lead to the evidence being barred from trial as well as an outright dismissal of the charges. After approximately 60 days we appeared back in court and made a motion to enforce the previously signed order and dismiss the charges. After hearing arguments, the Judge agreed and dismissed the charges in their entirety against our client based on the State’s failure to provide the lab reports. Our client went from facing up to six months in the Monmouth County jail, a $1,000 fine and a six month loss of license on both the marijuana possession and drug paraphernalia charges to an outright dismissal.
Deal NJ Marijuana Possession Lawyer
Proetta & Oliver defends those accused of various different drug offenses, including low level disorderly persons offenses like the possession of marijuana under 50 grams as well as serious indictable drug charges like the possession of heroin with the intent distribute in courts throughout Monmouth County. Our Monmouth County drug possession defense lawyers fully understand what a drug conviction can do to someone’s life let alone a potential jail sentence. Our attorneys serve all of Monmouth County, including towns like Deal, Belmar, Howell, Manasquan, Holmdel, Tinton Falls, Red Bank, Manalapan and Marlboro. If you would like to speak one-on-one with one of the criminal defense lawyers at Proetta & Oliver, then please contact our Middletown office 732.858.6959 or contact us online. We can discuss the specific facts of your case and formulate a game plan that works best to suit your needs, whether that be a suppression hearing, Miranda hearing, a trial or negotiating a favorable plea deal. As always, our initial consultations are free of costs. So if you have any questions whatsoever, please do not hesitate to contact us.
State v. C.R. (2018)