Drug Crimes Legal Questions

Your sentence will vary based on how many pain pills were taken or the total weight of the controlled substance.  However, if you are a first time offender, try to get your charge amended to attempt possession of a controlled substance, or get sentenced to Section 410 probation, or TASC probation.    ... Read More

You do not require "direct" evidence to prove a crime.  A conviction resting solely on circumstantial evidence is sufficient.  Classic example:  Baby is heard crying. Man walks into the room, kills baby. Baby is no longer crying. Witnesses see man walk out with bloody hands.  No direct evidence is necessary.  A second example is if there's text messages from you saying "Come over, I've got 5 grams of Cocaine", and people see your client come over. Immediately after leaving, they find 5 grams of cocaine on him.  Its reasonable to say that you are the dealer.    ... Read More

It will be up to the judge how long he will have to be in jail, but the court will most likely issue the bench warrant that day or the day after, and it will be in the computer system pretty quickly as well.  It is August 22 today when I saw this, so he likely will already have the warrant in the system if he hasn't resolved his problem.... Read More

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 More

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 More

Your mom could possible be charged with constructively possessing the marijuana if she admits to law enforcement that she knew of its presence.  That seems like quite a stretch though.  You should keep in mind that if one is charged with possession of marijuana while operating a motor vehicle, Missouri applies the abuse and lose law.  What this means is that if you are over 21, you lose your driving privileges for one year and are required to take a SATOP course to get your license reinstated.  If you are under 21, the suspension period is 30 days.  Long story short, it's not a great idea to store marijuana in your vehicle. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read More

  This question cannot be answered without knowing the disposition of the case as well as the criminal history of the person involved. Please contact an experienced criminal defense attorney to discuss your son's situation.   This posting is for informational purposes only and does not constitute legal advice nor establish an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com https://www.facebook.com/pages/Lori-G-Levin-Attorney-at-Law/210343479896... Read More

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 More

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 More

you called the police so the police have the right to be in your apartment. the police can seize the drugs and arrest the person in 'possession' because they have the right to be in the apartment and they have observed a criminal event-possession of cocaine. the police can charge you with this crime.  the owner of the drugs can be a witness for you if you are charged. he can testify that the cocaine was in his possession. the jury can decide if he is telling the truth. please let us know if we can help you. ed dimon, esq.... Read More