New Jersey Drug Crimes Legal Questions

the legal concept is that the school is acting in the place of your parents: 'in loco parentis'. your parents would not care about the source of the information that you were using drugs. the goal is to have the drug use addressed. the school should not care about the source of the information. you should thank the person who reported the drug use. they may have saved your life. ed dimon, esq.... Read Answer

the issue is not the charge. this could be addressed with a 'conditional discharge' if you have not had a previous 'conditional discharge'. did you have a 'conditional discharge' for the previous possession ? if so, then you need to find another path to aviod conviction. was the stop legitimate ? the siezure ? please call if we can help. ed dimon, esq. 732-797-1600 ext 235... Read Answer

the police can charge your friend with possession at any time. if the evidnece points towards your friend and away from the oher person in the car, then your friend would ber charged and the other person exonerated. in addition, if your friend has no criminal convictions, your friend would qualify for PTI [pretrial intervention] which would allow for the charges to be dismissed. the other person in the car is not eligible because he/she has a criminal record. this could ber a happy ending. we would like to represent your friend. ed dimon, esq. 732-797-1600 ext 235. please call to discuss.... Read Answer

we would file a motion to suppress on your behalf if there were an illegal search. there would be a hearing and the officer would have to explain to the judge the basis for the search. if there were no basis for the search, the seizure would be ruled illegal and the case would be dismissed. please call in order that we may discuss. ed dimon, esq.  732-797-1600 ext 235... Read Answer

do you have the name and contact info for the DEA agent ? i can check on his background. i can also check on the reason he was calling you. they may want to use you as a witness against a drug dealer. i cannot imagine that the DEA has an arrest warrant for you that they have not executed. they are ruthless. the 2006 date is strange. please let me know if you want to get to the bottom of this. ed dimon, esq. 732-797-1600 ext 235... Read Answer

your niece needs to be pro-active with regard to the outstanding charges and arrest warrants. she needs to have an attorney document where she is and what she is accomplishing. the attorney must also address the warrants and charges in NJ. your niece will have to return to NJ but the reception will be better if all the issues are addressed beforehand. please let me know if we can help. ed dimon, esq. 732-797-1600. the legal fees will be expensive.... Read Answer

the prosecution is required to provide you with all the investigation reports and video surveillance. i can review these documents and the video surveillance and give you a legal opinion as to the legitimacy of the charges. you would then know with certainty what is happening and the possible solutions. ed dimon, esq. 732-797-1600... Read Answer

i would need to see the precise three charges. why were you charged with poss of cds and possession of marijuana ? depending upon the nature of the three charfges, you may qualify for a 'conditional discharge'. this would keep the charges off your record. please let me konw if we can help. ed dimon, esq. 732-797-1600... Read Answer

you will not have any problems with the 'conditional discharge' while you are an 'out-of-state' college student. there are no reporting requirements. the key condition is that you not be arrested for another charge during the one year period. please let me know if we can help. ed dimon, esq.... Read Answer

NJ has a 'conditional discharge' program for marijuana possession under 50 grams. however, one only gets one 'conditional discharge' or PTI in one's lifetime. do you have any prior drug convictions ? 'conditional discharge' ? PTI ? the alternative is trying the case which is expensive.  please let us know if we can be of assistance. ed dimon, esq.... Read Answer

Possession and Intent to Distribute Marijuana are serious charges, and it is important that you retain an attorney to preserve your rights and negotiate with the prosecution on your behalf.  NJSA 2C:35-5,  intent to distribute, sets the charge in the third degree when there is 1 ounce or more found, which carries a fine of up to $25,000 and a jail term of 3-5 years.  NJSA 2C:35-10, possession, sets the charge at the fourth degree when there is more than 50 grams  found, which carries a fine of another $25,000 and a jail term of another 18 months.  This is a potential $50,000 fine and 6.5 years in jail. If you retain an attorney to protect your rights, it is possible to negotiate lesser fines and jail terms, or potentially enter into conditional dismissals to avoid all penalties.  Without knowing more of this case and obtaining discovery it is impossible to comment specifically what the best plan of action would be. If you wish to schedule an appointment to discuss the matter, please call my office at 732-797-1600 or visit our website at www.cldds.com. Regards, Edward J. Dimon, Esq.... Read Answer

N.J.S.A. 2C:36-2; New Jersey Drug Paraphernalia is a serious charge.  As an initial matter, you should be aware that even if you did not own or know about drugs in your vehicle, if you are the owner or driver of the vehicle you will be responsible for what is inside.  This is true for items that are also thrown from a vehicle in an attempt to dispose of evidence before or during a lawful stop. One of the first steps in a defense would be investigating whether or not the stop and search was legal, which could throw the case out.  This is a fact sensitive issue that needs to be investigated more fully and cannot be answered without obtaining more information from yourself and from the officers conducting the search. Should the search have been legal, there is an issue of whether the illegal items were actually yours.  This comes down to another fact sensitive issue where the state must prove beyond a reasonable doubt that these items came from you or your car.  Again, I would need more information from yourself and from the officers conducting the search before making a determination of whether there is reasonable doubt in this situation. Both of these proofs for your defense will require intense legal research and investigation.  It is strongly advised that you retain legal counsel for this situation.  Should you wish to schedule an appointment please call my office at 732-797-1600 or visit my firm website at www.cldds.com.  Should you have any other legal concerns, we have attorneys who focus on civil, criminal, municipal, family, elder, real estate, tax, and commercial law. Regards, Edward J. Dimon, Esq.... Read Answer