New Jersey Drug Crimes Legal Questions

You raise two issues. The Prosecutot can charge you with the distribution after four years. However, from a practical viewpoint, this will not occur unless there are special circumstances. The bigger issue is the impact upon your police application. We have advised candidates to be candid. However, your situation may be disqualifying. Please call to discuss. Ed Dimon... Read Answer

your realistic options are to have the arrest expunged. we can first check to see if you have an arrest record. we can then expunge the record. you can then answer legally that you have never been arrested. you will not be succcessful suing the police for multiple reasons including immunity, probable cause, failure to give 90 day notice to sue, etc. we are here to help. please call. ed dimon... Read Answer

You raise a rather intersting question concerning the statute of limitations.  However, it depends on eaxctly how you were charged.  In order to better answer your question, I would need to know the exact qunatity that the summons-complaint states you were in possession of and the statute in which you were charged under.  If you can provide that information, I can better answer your question.... Read Answer

Were you charged with a crime? If you were charged with a crime, you would be able to question the stop. This would be done by a motion to suppress the evidence. There would be a hearing with regard to the basis for the stop. We would represent you at the hearing for this motion. The prior conduct of the police officer would be relevant. The case is more difficult if you were not charged with a crime. You would and have to bring a civil rights action against the police officer. This must be done in federal court and requires extensive litigation. Please call to discuss.    I would add that the drug cases are coordinated by a Drug Cordinator in the prosecutors office. We work closely with the coordinator. You may have an opportunity to have these charges dismissed. Please call if you would like to discuss representation and costs.... Read Answer

The police and prosecutor will normally charge both occupants with possession. The drugs were in the vehicle and there were two people in the vehicle. If one person will not raise their hand and accept responsibility, then the police charge both occupants.  I am assuming that the other occupant will not except responsibility for the heroin. Your problem is that the police may want the other occupant very badly. As such, they will threaten to punish you severely unless you cooperate against the other occupant in the car. You have the choice of testifying against the codefendant. Please call to discuss.... Read Answer

The affidavit supporting the search warrant is readily available and will be provided to your attorney in the discovery package. Please ask your attorney to give you the affidavit. The affidavit is very specific and it sets forth the reasonable suspicion of a crime being committed at a particular location. The judge  who signed the search warrant reviews the affidavit and, if not satisfied with the facts, will ask that the affidavit be further detailed. Please call if we can help. We have significant experience in drug cases.... Read Answer

I thought I had answered this question. The key to success is having one or more of the people in the car take responsibility for that marijuana. If one of the three will take responsibility, then you can have the charges dismissed against you. As such, you would not be utilizing your one and only one conditional discharge. I would save the conditional discharge for a more important charge against you. I would utilize an attorney to make sure that the charges were either dismissed or were subject to a conditional discharge. I would then have the arrest expunged. You do not want this arrest on your employment record. Please call if we can help with the dismissal or the conditional discharge or the expungement. We have had good success in all three areas. Ed Dimon... Read Answer

The devil is in the details. Please prepare a specific and carefully written personal statement about what took place. Please be specific. Please email me this personal statement and I will review ASAP. what was the basis for the stop? Why were you pulled over? Why did the please officer look inside your car? Where did the police officer find the marijuana? What are the specific charges? We should be able to mitigate the consequences. Please call to discuss.. Ed Dimon  ... Read Answer

The drug investigations are coordinated by a senior officer in the prosecutors office for each county. As such, there is a file on each home where they believe drugs are being distributed. In addition, there are files on people that frequent those homes. What happened to you? Where are you charged? Please call to discuss. Ed Dimon... Read Answer

The police must respond to the scene when the neighbor reported the alleged crime. I am sure the neighbor said that he smelled marijuana. The police can ask questions about the crime.  The police could utilize the information provided by the neighbor. The police questions and actions were ultimately justified by the one defendant pleading guilty to the possession. As such the police actions would be justified. You would not have a successful civil complaint against the police. Ed Dimon... Read Answer

We are involved in the exact type of case. We are working with the judge and prosecutor to have the person re-entered into PTI so that the person can complete PTI and not have a record. We have set forth the drug testing and work record and IRS records and the positI've comments of probation officer. Please call if we can help. Ed Dimon,Esq. 732-797-1600... Read Answer

PTI may be the proper answer. The charges are held in abeyance for one year and then dismissed. You can then have the arrest expunged. You can challenge the 'stop'. This can be expensive for two reasons: legal fees; anger prosecutor if not successfulPlease call if we can help. Ed Dimon 732-797-1600... Read Answer

The police charge everyone in the car with possession and prosecute each person. Do you have a prior conviction  ? Prior PTI ? Prior Conditional Discharge ? What is the drug ? Do the others have convictions ? I must understand all the circumstances to properly advise you. We have have good success witTherese cases. Please call if we can help . Ed Dimon 732-797-1600. The cost would be $3500. ... Read Answer