Legal Question in DUI Law in New Jersey

My 18 year old son was just arrested for 2C:35-10A, he and a friend were orginally pulled over for "things hanging" from his rear view then once out of the car and speaking with the officer their stories of where they were coming from didn't match. Officer then asked if they had any drugs in the car, and said he wanted my son to sign something so they could search the car, or they would bring the dogs out to sniff out any drugs. This is my sons first offense and although he had paraphernalia in the car of his own, the drugs were the other persons. The other person who has already had a record lawyer-ed up and would not say it was his.Court date is just a week away. Officer said he would see what he could do if my son become and informant. Help not sure what to tell my son to do.


Asked on 4/08/12, 5:21 pm

5 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

It seems to me that the constitutionality of stopping the car is questionable. Also consent to search does not justify a search where the officer did not have probable cause to search without it. Thirdly, your son sounds like a first offender. If he is, he can avoid a conviction.by be accepted into a first offender program for first time possession of marijuana. He does not need to act as an informer, being manipulated by the officer. Most importantly, your sons needs a lawyer. Call me if you like.

Read more
Answered on 4/08/12, 5:47 pm
Jeffrey Stern STERN LAW, LLC

Good evening. The answer is simple, your son needs an attorney. A lawyer has access to the prosecutor to discuss the matter and to help prevent the attorney for his friend from throwing your son under the bus. The worst case scenario would involve a plea to the paraphenalia charge with a conditional discharge, meaning that after a year of good behavior the case is discharged and treated as if it had been originally dismissed.

If you are interested, please contact me directly, my name is Jeffrey Stern, (856) 685-7600. You can also contact me through my website: www.sternlawnj.com

No matter what, you and your son need to have a full consultation with a lawyer to discuss the legal ramifications of this unfortunate event. Any consultation with me is free of charge with no strings attached. If you just want to pick my brain, give me a call, it would be my pleasure to help. (856) 685-7600

Read more
Answered on 4/08/12, 5:47 pm
Gary Moore Gary Moore Attorney At Law

I should have stated that possessing a small amount of marijuana AND possessing drug paraphenalia, for the first time, are charges upon which you son can be granted first offender treatment.

Read more
Answered on 4/08/12, 5:49 pm
Larry Raiken Larry S Raiken LLC

You should not speak to anyone else until you have spoken with an attorney. Thre are man y issues here and some possible ways of resolution. call my office to set up an appointment.

Read more
Answered on 4/09/12, 10:12 am
Ronald Aronds Law Office of Ronald Aronds, LLC

You should hire a lawyer for your son and not have him agree to be an informant for the police. Please contact my office for a free consultation to discuss how I can assist your son. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

Read more
Answered on 4/09/12, 12:08 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in New Jersey