Legal Question in Criminal Law in New Jersey

My daughter 20 was stopped for speeding, officer asked to seach the car

she complided they found a roach in the car and she was arrested and

charged with possestion of less the 50 grams. Should she try to fight it

and plead not guilty or just plead guilty?


Asked on 11/12/09, 11:56 pm

5 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

She should not plead guilty. If she is a first offender, she can apply for a conditional discharge. If she is not a first offender, her "consent" was not consent as a matter of law. The officer needed to have probable cause to believe she was committing a crime BEFORE he asked for her consent. Secondly, I doubt that her "consent" was voluntary; she probably felt she had no choice, except to consent. She and/or you should give me a call.

Call me if you like.

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Answered on 11/18/09, 6:27 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Yes, she should fight it. Call me at 732/247/3340 to discuss.

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Answered on 11/18/09, 6:58 am
Michael Berman Law Offices of Michael A. Berman

There is too much at risk to initially plead guilty....you give up all leverage if you initially plead guilty, and who knows, she may be eligible for some diversion program or have the case dismissed for a wide variety of reasons. What town did this happen? Is she aware that she may lose her driver's license if she pleads guilty to certain offenses? Did she get the speeding ticket too? Please reply.

Mike Berman

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Answered on 11/18/09, 7:16 am
Robert Davies The Davies Law Firm, P.A.

You have heard from a lot of lawyers. I agree.

Go hire a good criminal defense attorney. I do not do this work, but know some smart, tough attorneys who do.

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Answered on 11/18/09, 11:22 am
Ronald Aronds Law Office of Ronald Aronds, LLC

This sounds like a case I could fight and try to suppress the evidence against your daughter. The cops can't just ask to search a car for a routine traffic stop without probable cause to do so. My belief is that this was not a valid consent to search the vehicle. Please contact me to discuss your daughter's case. I never charge for just talking to people about the charges they face. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 11/19/09, 1:25 pm


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