Legal Question in Criminal Law in New Jersey

marijuana first offense/making a deal with detective

My 18 y.o. son was arrested for possession of marijuana less than 50 (first offense). He also got a summons for trespassing. (him and his friends were on a golf course late at night). The officer and detective met with him and told him they would drop the charges if he cooperated by setting up two future drug transactions with the person he bought it from. My son gave the detective information about the person but he is afraid to set him up. This wasn't good enough - they said he had to actually take place in the drug transactions to have the charges dismissed. The detective put alot of pressure on my son. Since he provided the dealers information to the detective, he is scared and doesn't want to go any further. The detective said he won't help him anymore. So does he just go to his court date and plead guilty? Do we need to get an attorney? Also in reading past postings - ''conditional discharge''? - would he ask the judge for this or the prosecutor? Would he ask them in advance or at the court date? Is there anything else he can do beside participating in a future drug deal that could help him? Wasn't providing information on the dealer helpful? Thanks in advance for your time.

Asked on 4/15/05, 3:05 pm

3 Answers from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

Re: marijuana first offense/making a deal with detective

Since this is a first offense, then your son can ask the judge at the "first appearance" or "arraignment" court date if he can apply for a conditional discharge. Barring any other unforeseen facts in this case, the judge should allow him into the conditional discharge program. If for whatever reason he doesn't get a conditional discharge, then he should definitely hire a lawyer to help defend him. The law does allow up to six months in the county jail for the charge he is facing, after all. I am an attorney who has handled many cases similar to your son's in various courts throughout New Jersey in the past. Please call me at 908-272-0111 if you would like to discuss this case in more detail. THere is never any charge for simply discussing a case with me. Thank you.

SIncerely yours, -Ronald Aronds, Esq.-

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Answered on 4/18/05, 8:57 am

Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: marijuana first offense/making a deal with detective

While I routinely advise people about how to try and work out their own minor cases, your son's situation is one where an attorney is probably best able to help. Your son may make incriminating statements if he continues to have discussions with the detectives and his well-being may be in danger if he does any more with setting up the dealer. In addition, it may be easier to work with the detective with an attorney to talk to him on your behalf. (It sounds like he is not likely to respond well to your son representing himself and trying to talk to him/the proscutor about the case).

I am located in Cherry Hill and offer free consultations by phone or in person. I have handled these types of matters all over the state. Feel free to contact me at your convenience or have your son do the same.

Daniel B. Kelley


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Answered on 4/17/05, 8:40 pm
Gary Moore Gary Moore Attorney At Law

Re: marijuana first offense/making a deal with detective

Your sons needs an lawyer. The detective is merely trying to do his job and will use anyone who will help accomplish this end, without any real love for the person helping him.

Setting up people can be dangerous. Secondly, your son is charged with a minor drug charge for the first time and is entitled to first offender treatment on this charge, which is supervision by a probation officer for six or twelve months followed by the dismissal of the charge if no new offenses are charged against your son and your son meets all the conditions of his supervision.

The trespassing charge is a petty offense and can probably be converted to an even lesser offense with the assistance of an attorney.

Your son should not deal with the detective at all without the assistance of an attorney protecting your son's interests.

Hire an attorney. I am available if my office in Hackensack is not too far for you.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

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Answered on 4/15/05, 3:51 pm

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