Legal Question in Criminal Law in New Jersey

2C:35-4 Plus

My son, age 18, received two tickets last week.

One was for operating a motor vechicle while in possession of a cds and the other was for possession of a cds.

The police officer observed him and a friend passing back and forth a joint and pulled them over. Luckily for my son he didn't get charged with operating a motor vechicle while under the influence.

He has no prior arrests.

Will he get points on his license for this offense?

What are the costs of representation?

Can they dismiss the charges?

What is our best course of actgion?


Asked on 3/21/06, 8:25 am

6 Answers from Attorneys

Steven Gabor Steven M. Gabor

Re: 2C:35-4 Plus

Sir or Madam: I am an attorney and can give you a free consult.

Steve Gabor

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Answered on 3/21/06, 8:35 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: 2C:35-4 Plus

Your son is looking at losing his driver's license, having to pay very heavy fines, and at least potentially going to jail. There are ways to possibly beat the charges or to try and minimize the penalties he is facing. I am an attorney who has handled very many cases similar to yours in various courts throughout New Jersey in the past. I would like to discuss this case with you in more detail. Please contact me to discuss this, There is never any charge for simply talking to me about a case. Thank you.

Sincerely yours, Ronald Aronds, Esq.

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Answered on 3/22/06, 12:46 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: 2C:35-4 Plus

There are no points for the CDS in a car and that ticket usually gets dismissed. However, it can carry some pretty significant penalties so it is used as a bargaining chip where they will drop that and you plea to the other.

He has several options to plea this out to a non-criminal offense or to fight it. A lot will depend on what you want to do. I'd like to know more about the facts and see the police video. I'm not sure how a cop can tell the difference between a joint and a cigarette. There may be various issues to get the evidence thrown out which would effectively dismiss the case. There are also joint possession issues with your son and his friend, and a case could be made that it wasn't his, even though they passed it back and forth.

I suggest you contact a lawyer as soon as possible. It is rather unethical to get into specific costs in a forum such as this and a lot will depend on the area, the firm, and what direction you want to go in. Our firm, like most firms, offer free consultations, so it won't cost you anything to listen to all of your options and the costs associated with them.

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Answered on 3/21/06, 9:25 am
Gary Moore Gary Moore Attorney At Law

Re: 2C:35-4 Plus

Points on your son's driving license are not the problem. There is a two year loss of driver's license for possessing a controlled dangerous substance in a motor vehicle. Possession of a controlled dangerous substance where it is a small amount of marijuana is a disorderly person's offense punishable by up to six months in jail and two years loss of license.

There is a way of handling this matter so as to avoid any loss of license. Call me if you want to

discuss your son's case further. Your son should have an attorney for his case.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 3/21/06, 11:18 am
Lavinia Mears Law Offices of Lavinia Lee Mears

Re: 2C:35-4 Plus

What happens at court is largely determined by the prosecutor's plea offer. The offer usually is based upon your son's prior driving record and the opinion of the police officer who charged him. If this is his first offense, he may be eligible for a "conditional discharge." If he receives it, his case will be dismissed usually after a year provided he complies with the court's conditions. He also then would not lose his license. Having been a county assistant prosecutor, I am very familiar with these types of cases and am happy to help you. Please contact me if you wish to discuss your son's case further.

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Answered on 3/21/06, 12:02 pm
Gary Moore Gary Moore Attorney At Law

Re: 2C:35-4 Plus

I realize that I did not really answer your question and decided I give a more informative answer.

The problem is that the "ticket" for possession of a controlled dangerous substance is probably a criminal complaint, but the word "ticket" connotes a traffic summons in stead of a quasi criminal offense. If I had the papers in my hands there would be no ambiguity.

Your son is probably eligible for first offender treatment on the drug possession charge and it is possible to have the other charge held in abeyance until the drug possession charge is dismissed with the agreement with prosecutor that both charges be dismissed at that time.

The cost of representation would be $1,000.00.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 3/21/06, 12:27 pm


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