Legal Question in Criminal Law in New Jersey

I was staying at a friend's house for about a week. Police arrived after being called for a breaking and entering. No one was home except for me. I was asked for identification and verification that I was a guest. I was detained without being read my rights and was asked to consent for a search which I declined. I was held without charges for three days. During those three days, I became delirious from lack of eating, drinking, or sleeping. I was read my rights on the third day of detainment. Upon being released on bail, I was presented with charges of possession of 12.38 pounds of marijuana, paraphernalia, and intent to distribute. All within a school zone. I had no knowledge of these things being in the house as it was found in a room I had not been in upon my stay. Can I be charged with something that was not in my possession?

Asked on 3/19/13, 12:37 pm

4 Answers from Attorneys

Daniel Levy Raff & Raff, LLP

Under these facts, the police are able to file charges. Whether the charges will stick is another story entirely. This is a very serious situation and you should hire a criminal defense attorney immediately. The sooner the better because an attorney can usually be more effective the earlier they get involved. If it truly is not your home and you were simply in the wrong place at the wrong time, then there is a good shot that the charges can be dropped, but it will take some work. The prosecutor will not simply listen to your side and drop the case.

Please give me a call if you would like to discuss this further.

Dan Levy


[email protected]

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Answered on 3/19/13, 12:51 pm
Robert Davies The Davies Law Firm, P.A.

You have been charged with very very serious crimes.

You MUST get a very good criminal defense attorney.

I have several friends who are able to help you. Give me a call, I will refer you to them.

Robert Davies, Esq.

201 820 3460

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Answered on 3/19/13, 1:00 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

You are charged so therefore the answer to your question is Yes since it has already happened. You are facing prison time here and you will be forced to get an attorney at some point. I see no reason not to hire an attorney today and work on getting this case moving. Call me anytime at 732/773/2768

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Answered on 3/19/13, 1:06 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Yes the police can charge you for this despite what you say. I would need to see the police report before I can give you a fuller answer about this case. Please contact me to discuss your case in more detail. Thank you.

Sincerely yours, -Ronald Aronds, Esq.- (908) 272-0111

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Answered on 3/19/13, 4:59 pm

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