Legal Question in Criminal Law in New Jersey

Violated Conditional Discharge...what happens?

I recieved a conditional discharge for possesion of under 50 G of marijuana

earlier in the year.

I have recently been arrested for possesion of cocaine (NJS:2C:35-10a(1)),

possesion of a false identification, underage possesion of alcohol, possesion

of parephenilia (cigar), possesion of under 50 G of marijuana.

Basically, I was exiting a liquor store when an undercover agent came up to

my friends car, asked me for identification and then arrested me and

searched me and found all those things on me. I had about half-a-gram of

marijuana and not even a Gram of cocaine. I have NEVER done cocaine in my

life and I am totally against it, the thing about it was, I bought the marijuana

and the man who sold it to me dropped the bag of cocaine in my pocket with

it and told me ''if i liked it, to come back''. I had no idea the cocaine was in my

possesion and I thought he was talking about the marijuana. Regarldess of

this fact, I did break my conditional discharge and was wondering what are

the penalties I can face, and if at all it is possible to get rid of any of the

charges in any way, especially the cocaine charge. Please let me know, and

thank you!

Asked on 5/02/05, 12:57 am

3 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Violated Conditional Discharge...what happens?

You are facing prosecution on all the charges. The cocaine charge seems to be the most serious of the new charges because it is a criminal offense, but it could be downgraded by the county prosecutor.

Your marijuana charges are not likely to result in your going to jail but there is no guarantee of this. You need to explore what defenses you have such as whether there was one or more unreasonable searches and seizures in violation of the Fourth Amendment to the United States Constitution.

You need to consult with a criminal lawyer right away. You could lose your driving license for years.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

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Answered on 5/02/05, 7:01 am

Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: Violated Conditional Discharge...what happens?

You need a lawyer who will help you avoid going to jail. The charges you face carry possible jail sentences. You describe a situation that may involve an illegal/unreasonable search by the police. You should call my office. I will be able to help you avoid a jail sentence. 201-646-9799

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Answered on 5/02/05, 10:34 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Violated Conditional Discharge...what happens?

The current charges do violate the conditional discharge requirements. What will happen is eventually you will be called back to the court that gave you the conditional discharge to be resentenced. The sentence you are facing is up to a $1,000.00 fine and up to six months in the county jail on that marijuana charge. You will also have a disorderly persons offense record. As to the new charges, possession of cocaine, no matter how little, is automatically a third degeree felony. This carries a potential penalty of $15,000.00 in fines and five years in state prison. You may be able to plea bargain your way out of this charge, or maybe just get a better sentence than the maximum I told you about above, but you will certainly need a lawyer to help you here. I am an attorney who has handled very many cases similar to yours in various courts in New Jersey in the past. I would like to talk to you about your case in more detail. Please call me at 908-272-0111 to talk. There is never any charge for simply talking to me. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

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Answered on 5/02/05, 12:21 pm

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