Legal Question in Criminal Law in New Jersey

''In car with maijuana but not mine''

Incodent:

5 kids get pulled over in a car. officer says he smells maijuana and removes each kid from the car serpatly and searchs one by one. Finds nothing on anyone, but then procedes to search the car. Finds parafanalia that belonged to the owner and driver of the car. No one was aware that it was in there but the owner. In court what will happen? will the charges get dropped?

thanks,


Asked on 11/08/03, 1:14 pm

3 Answers from Attorneys

Joel Rosenberg Stark & Stark

Re: ''In car with maijuana but not mine''

It is hard to predict the outcome of this or any other matter even with more information. Under New Jersey law, possession is defined as the exercise of dominion and control over the item. There are many cases were the passenger in a vehicle was held to have joint possession of the item. These cases are fact sensitive therefore difficult to analyze with the limited information available at this time. In some courts, prosecutors will downgrade or dismiss charges if the owner takes responsibility for the item. In others, the prosecutor will vigorously prosecute because there appears to be use of the paraphernalia just before the traffic stop. When you hire an attorney, they will be able to review the evidence, including the police reports which will allow for a better evaluation of this matter. I strongly urge you to consult with an attorney as soon as possible. If you have any questions, please do not hesitate to contact me.

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Answered on 11/09/03, 2:07 pm
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: ''In car with maijuana but not mine''

you need a lawyer. the charges don't go away by themselves. this is a case of constructive possession. call 201-646-9799 for appointment and consultation.

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Answered on 11/08/03, 4:31 pm
Gary Moore Gary Moore Attorney At Law

Re: ''In car with maijuana but not mine''

If it appears that the drugs belonged to the driver and he admits it the prosecutor may dismiss against the others. He may not.

You can review my website by clicking on www.garymooreattorneyatlaw.com.

Gary Moore

Hackensack, New Jersey

800 273 7933

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Answered on 11/08/03, 7:13 pm


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