Marijuana Possession Charges Dismissed
Another dismissal of marijuana and drug paraphernalia charges for the Law Offices of Proetta & Oliver. Our client was arrested and charged with the possession of marijuana under 50 grams and the possession of drug paraphernalia following what the officer’s claimed was a routine community care taking check. According to the officer’s reports, they assert that they noticed “smoke billowing” out of the driver’s side window as they conducted a routine patrol of the street. Based on their observations, they decided to “check” on our client’s well being. According to the reports, it was at that point in time that it became apparent the client and his passenger had just finished smoking marijuana. The officer’s then began to question the individuals at great lengthy about what they were doing. A subsequent search of the client’s vehicle was conduct and the officers claimed that they had located drug paraphernalia, a “cigar leaf”. After finding the “cigar leaf”, the officer’s again began questioning the individuals again at great lengthy about where the marijuana came from etc. It is at this point in time that our client asserts he actually has a quantity of marijuana located inside his bedroom. The officer then demands that our client take him into his house and show him where the marijuana was located so that it can be seized. At the end of incident, our client is found to be in possession of less than 50 grams of marijuana, a grinder and a cigar leaf. So he was charged with one count of possession of marijuana and two counts of possession of drug paraphernalia.
Once Mr. Oliver was able to go through the discovery, which included the police reports and MVR’s, it was apparent that our client’s constitutional rights were repeatedly violated. Geared with the lack of validity for the initial seizure, the relentless un-mirandized questioning and the lack of proper consent for the search, Mr. Oliver was able to get the charges dismissed outright. As a result, our cleint was not only able to get the charges dismissed outright but he was also able to apply for an expedited expungement of the underlying arrest. This was crucial, as the client was a senior in college and about to enter the work world. A criminal record for a drug charge could have drastically affected his ability to not only gain but maintain meaningful employment.
Marijuana Lawyers in Middletown NJ
If you or a loved one has been arrested and charged with a criminal offense like the possession of marijuana, the possession of heroin with the intent to distribute, the possession of cocaine or any other criminal offense for that matter, the Law Offices of Proetta & Oliver can help. Our office serves all of Monmouth County, including towns like Middletown, Howell, Tinton Falls, Holmdel, Hazlet and Ocean Township. Our law firm offers clients the experience and poise typical at big firms, but with the individual client service of a smaller office where your case will not be juggled back and forth between a half dozen attorneys who do not know you or the facts of your case. If you would like to speak to Mr. Oliver or one of the other Monmouth County criminal defense attorneys on staff, then please contact us at 732.858.6959.
State v. D.W. 2017
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