Legal Question in Criminal Law in New Jersey

violation of 2c:35-10a

My 17 year old daughter was arrested with 3 friends, parked in a car, while using marajuana and Ex. The car is registered in my name. She was given a ticket for being under the influence in a car, not moving and charged with Juvenile Delinquency 2C:35-10a1. I would like to know what penalties these charges will have. When I spoke to the arresting officer he told us the car ticket could go away if she gave a name of a dealer to the prosecutor during a pre hearing meeting. The Sargent in charge has also given me the impression that this can be plea bargained. My daughter maintains that she was not read her rights and that she was questioned prior to my arrival. What if anything should I bring up with the prosecutor during this meeting?

Asked on 5/03/05, 9:03 am

4 Answers from Attorneys

Drew Hurley Law Offices of Drew M. Hurley

Re: violation of 2c:35-10a

Without knowing more of the facts of the case, it is not possible to answer your question with any degree of accuracy. However, please know that the penalties can be serious and even involve custodial time depending on the circumstances. I would strongly suggest that you contact an attorney in this area for a consultation and advice. I would be happy to meet with you and your daughter to further discuss the situation.

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Answered on 5/03/05, 10:54 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: violation of 2c:35-10a

The potential penalties your daughter is facing include heavy fines, loss of her driver's license for at least 6 months, having a juvenile criminal record, and potentially even going to jail (on the drug charge)for up to six months. Not having read her rights to her doesn't matter unless she gave some statement to the police that they intend to use against her at trial. It has no effect on the arrest itself. Since she is a juvenile, these charges must be heard at the county Superior Court level, not the local municipal court. Whether or not there can be a plea bargain in exchange for some information from your daughter is debatable. Ultimately it is up to the prosecutor. Please remember that the police will tell you anything they can think of to try and trick you into incriminating yourself or getting other people in trouble. They really have no authority once the case goes to court. Your daughter potentially faces very serious consequences for this situation and the judge won't even let her proceed without a lawyer. I am an attorney who has handled many cases similar to your daughter's in various courts in New Jersey in the past. I would like to discuss her case with you in more detail. Please call me at 908-272-0111 to talk about her case. There is never any charge for simply talking to me. Thank you.

Sincerely yours, -Ronald Aronds, Esq.

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Answered on 5/03/05, 11:12 am
Gary Moore Gary Moore Attorney At Law

Re: violation of 2c:35-10a

You seem to understand that you do not know how to deal with a prosecutor. Hire an attorney.

Gary Moore, Esqluire

Hackensack, New Jersey

800 273 7933

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Answered on 5/03/05, 12:46 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: violation of 2c:35-10a

Your daughter could be charged with drug possession and or distribution. Your car could be subject to civil forfeiture.

You should say nothing to the prosecutor because you should not be meeting with the prosecutor. You should say nothing to the police. You may have already caused great damage to your daughter's legal position (and to your own) by trying to "do it yourself." It is imperative that you retain a criminal defense lawyer for yourself and/or one for your daughter, immediately.

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Answered on 5/07/05, 3:57 pm

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