New Jersey Criminal Lawyers Blog

In a recent unpublished New Jersey Appellate Division case, the court discarded a jury verdict on New Jersey Constitutional grounds. (State v. Brown) The 4th Amendment of the United States Constitution protects citizens from illegal search and seizure. The New Jersey Constitution provides even more protections for the citizens of New Jersey.

Whether a police officer violated the constitutionally granted right was a question decided by the trial judge at a pretrial hearing. The defendant was a passenger in a vehicle driven by his uncle. The vehicle was traveling at a high rate of speed and cut across three lanes of traffic with no signal. This prompted a West Deptford Police Officer to pull the vehicle over. The Police Officer testified that once he approached the vehicle, he smelled "raw marijuana" which gave him probable cause as to illegal behavior. He asked all present to exit the car. Upon further observation, the officer noticed a bulge in the waistband of the defendant. When asked about it, the defendant told the officer that it was "weed". In fact it was a bag of marijuana and vials of PCP, which the defendant claimed was for personal use, not distribution. After discovering the illegal drugs, the officer then decided to search the vehicle. He found additional viles of PCP located in a food container. The trial judge erred in not suprressing certain evidence found in the backseat of the car in which defendant was a passenger, which led to the improper admission of defendant's statement. The consequences of these errors result in the entire jury verdict being irretrievably tainted. The case was remanded for a new trial on all charges. (State v. Brown.)

There are exceptions, which would allow an officer to search a vehicle without a warrant. The New Jersey Supreme Court has interpreted the New Jersey Constitution to mean that a warrantless search of a vehicle is permissible when, "(1) the stop is unexpected; (2) the police have probable cause to believe that the vehicle contains contraband or evidence of a crime; and (3) exigent circumstances exist under which it is impracticable to obtain a warrant." In this case, the first two requirements were indeed met. The stop was unexpected as it was due to a vehicle traveling at a higher rate of speed than allowed by law. Also, the officer did have probable cause as he smelled marijuana and found contraband in the waist of the defendant's pants.

The third requirement, however, was not met. The Appellate Division was not convinced that the prosecutor presented enough evidence to show "exigent circumstances." Exigent circumstances is a heavily fact based standard which is always analyzed on a case-by-case basis. Here, the prosecution argued that the car was in a dangerous area on the side of the road and that they were worried that the remaining passengers would destroy evidence if they were allowed to return to the vehicle (they were not under arrest.) The court did not believe that the car was in a dangerous location or that the evidence was in jeopardy of destruction as the remaining passengers were cooperative. Furthermore, the Appellate Division believed that the officers could have and should have called in for a warrant.

Continue reading "New Jersey Appellate Court Remands For New Trial On Drug Charges Due To Unconstitutional Search! " »

In a recent Superior Court of New Jersey, Appellate Division case (State v. Wilson, 421 N.J.Super. 301 (App. Div. 2011)), the charged defendant appealed from an unfavorable trial court decision regarding the "growing" and "use" of seventeen marijuana plants on his personal property. The defendant was charged under N.J.S.A. 2C:35-4 (first degree maintaining or operating a production facility) and N.J.S.A. 2C:35-5(b)(10)(b) which is a second degree offense due to the fact that he had possessed marijuana in an amount of over 10 plants but less than 50 plants. He was only convicted of the 2nd degree offense and another related drug charge, while he was acquitted by a jury of the first-degree offense. The defendant was sentenced to 5 years in prison: the minimum term of imprisonment for a 2nd degree crime. N.J.S.A. 2C:43-6(a)(2). Defendant appealed the conviction on three points. The most important and far-reaching point was a "personal use" exemption, which the Appellate Division was reluctant to adopt.

John Ray Wilson, the defendant, suffers from Multiple Sclorosis (MS) and has been allegedly self medicating with the marijuana he grows. During a routine "marijuana search mission" a National Guard helicopter spotted marijuana plants growing on the defendant's property and notified local police on the ground. When police officers arrived at Mr. Wilson's property, they immediately noticed the marijuana plants growing. After briefly speaking with the officers, Mr. Wilson signed a "Miranda Warning Acknowledgement Card" and consent form for the officers to search his property. The search yielded the discovery of 17 marijuana plants that appeared to be healthy, cultivated, and cared for. When asked at trial, the defendant admitted that he had grown the plants from seeds he had ordered over the Internet. To plant the seeds and grow the plants, the defendant admitted to breaking up the ground to loosen the soil and continually watering them. At trial, Mr. Wilson claimed to be cultivating the plants to ease the symptoms of MS. He also tried unsuccessfully to submit testimony by a doctor in order to show the beneficial effects of marijuana on MS symptoms.

The Appellate Division spent some time weighing the defendants "personal use" defense, as it was an issue of first impression for the court. The defendant submitted a rather broad interpretation of the statute, while the State submitted a more narrow one that both the trial court and Appellate Division agreed with. The defendant asserted that a "personal use" exemption was meant to apply to the entire "manufacturing" process. The State contended that the "personal use" exemption is specifically limited to the preparation or compounding of a controlled dangerous substance (CDS). These arguments both warranted merit which led the Appellate Division to analyze the language of N.J.S.A. 2C:35-2. The court noted that, "Manufacture is defined as the production, preparation, propagation, compounding, conversion, or processing of a CDS." In addition, the statute also states that the definition "does not include the preparation or compounding of a CDS." Since the personal use exemption was specifically limited to only two of the six enumerated activities, the other four remained with no exemption. Since the defendants activities did not constitute "preparation" or "compounding" and were more closely related to "production" the "personal use" exemption was not available to him as a defense. The Appellate Division affirmed the trial courts ruling and effectively narrowed the interpretation of the statute.

Continue reading ""Personal Use" Defense For Manufacturing Marijuana in New Jersey Limited to Preparation or Compounding of a CDS! Discuss Your Case with an Experienced New Jersey Criminal Defense Attorney." »

On Saturday, October 29, 2011 the Drug Enforcement Administration (DEA) is partnering with national, state and local law enforcement officials to hold a third National Prescription Drug Take-Back Day. The event allows for the public to rid their homes of potentially dangerous prescription drugs.

There are many local collection sites for residents of Ocean County and Monmouth County, New Jersey by checking the DEA website and the "Got Drugs?" banner.

The DEA reports that the rate of prescription drug abuse is at an alarmingly high level as two- and-a-half times more people currently abuse prescription drugs than the number of those using cocaine, heroin, hallucinogens, and inhalants combined. Prescription drugs left in home medicine cabinets are highly suspectible to diversion, misuse and abuse by residents of the home and their guests. Imagine, a guest visiting your house and while using your bathroom taking prescription medication from your medine cabinet.

Illegal possession and distribution of prescription drugs in New Jersey can have serious immediate and long term consequences. Depending on the amount of prescription drugs possessed at the time of your arrest you could be facing significant prison time, a fine up to $300,000.00 and other fines and penalties. One long term consequence of being guilty of a prescription drug offense is that you will be disqaulified from employment in the New Jersey public school system. If you are arrested for a prescription drug offense it is important to immediately discuss the facts and circumstances of your case with an experienced New Jersey criminal defense attorney.

Continue reading "Ocean County Residents Should Turn In Prescription Drugs During DEA Take-Back Day. Avoid Illegal Prescription Drug Consequences. " »

Recently, Monmouth County Sheriff's Officers went to a home in Middletown to serve an arrest warrant to Raymond Schmidt for failure to appear in court. When the officers arrived at the household where they thought he'd be, Justin Strohmenger answered the door. Mr. Strohmenger denied knowing Mr. Schmidt so the police left. While at the door, however, the police noticed drugs and/or drug paraphernalia in plain sight. The officers quickly sought out and received a search warrant and returned to search the house. During the search, the police officers found a treasure trove of marijuana growing (50 plants) in the basement of the home as well as containers filled with marijuana and other drug paraphernalia. Monmouth County Sheriff's Officers quickly scoured the house with a K-9 unit, placed Mr. Strohmenger under arrest, and confiscated all illegal drugs that they found.

Mr. Strohenger of Middletown in Monmouth County was most likely charged with Possession of Marijuana (N.J.S. 2C: 35-10), Maintaining or Operating a Controlled Dangerous Substance Production Facility (N.J.S. 2C: 35-4), and Manufacturing, Distributing, or Dispensing a Controlled Dangerous Substance(N.J.S. 2C: 35-5). All of these New Jersey drug offenses are very serious and can carry severe prison sentences and heavy fines. Possession of Marijuana over 50 grams (well over that limit in this case) is a crime in the fourth degree. A conviction for a fourth degree crime can carry a fine of up to $25,000.00 and is punishable by up to 18 months in prison. The other two charges, however, are much more severe and are considered first-degree crimes. Maintaining a CDS Production Facility can lead to between 10 and 20 years in prison and a fine of up to $750,000.00 or 5 times the street value of the drugs that were confiscated. The Manufacturing, Distributing, or Dispensing charge also carries a prison sentence of between 10 and 20 years and imposes a fine of up to $300,000.00.

The recent bust is a big one for Monmouth County law enforcement as it shut down a large operation. It is important to remember, however, that Middletown and all Monmouth County law enforcement are also interested in the smaller busts. An Individual can be charged all the way down to the disorderly persons offense of marijuana possession (N.J.S. 2C: 35-10). This disorderly persons offense is reserved for those found with under 50 grams of marijuana. If found with over 50 grams of marijuana or hashish, and individual will face penalties of a fourth degree crime.

There are also New Jersey drug statutes that "step up" drug charges and penalties including: Distribution to Persons Under Age 18 (N.J.S. 2C: 35-8), Controlled Dangerous Substances Near or On School Property (N.J.S. 2C: 35-7), and Distributing, Dispensing, or Possessing Within 500 Feet of Certain Public Property (N.J.S. 2C: 35-7.1). Conviction for any of these crimes can lead to increased jail and prison time and heavier fines.

Continue reading "Middletown Resident Busted! Sheriff's Officers Find 50 Marijuana Plants Growing in Basement!" »

A relatively new epidemic has hit Ocean County, Monmouth County, and all of New Jersey in a strong way. The sale and use of Heroin has been on the rise in suburban and rural neighborhoods in relatively affluent areas throughout Monmouth County and Ocean County. A recent Asbury Park Press article follows the story and timeline of the drug abuse of a young man addicted to drugs and the drug culture since the age of 13. The story is rather alarming and at times difficult to read. The young man was a bright student at Southern Regional High School in Stafford Township, New Jersey. Being interested and excelling in science subjects such as chemistry and biology, teachers recommended that he enroll in Rutgers University's Pharmacy School. What his High School teachers did not realize was that he already was getting a "street" education on drugs. The young man started experimenting with drugs around the age of 13 with the gateway drug of marijuana. From there, it was a spiral downward including LSD, Ecstasy, and then on to opiate derivatives and other strong prescription drugs such as OxyContin, Percoset, and Vicodin.

The young man explains how he got accepted to Rutgers' Pharmacy program and how he continued his habit through school. While at Rutgers, he found other people immersed in the drug culture and noted that they all seemed to be from families who had money. The traditional image of drug abuse more or less is seen as dirty crack-houses, dark allies, and pushy drug dealers with guns in dangerous cities such as Newark and Camden. This image drastically changed during the prescription drug revolution of the early 2000's. Young people could acquire drugs in their own backyards. Neptune and Tinton Falls became a breeding ground for drug abuse and trafficking. In fact, Neptune Police confiscated 5,000, 5-ounce bags of heroin ready for sale during a routine traffic stop. This news sent shockwaves through Monmouth County and Ocean County.

So why heroin? The young man explains that it was much cheaper than designer prescription drugs. He could acquire a bag of heroin (he was up to 50 bags a day at one point) for as cheap as $4.00 a bag while prescription drugs could range anywhere from $25.00 to $50.00 per pill. The availability and cost of heroin was a welcome surprise to which the young man and many others took advantage of. According to those in the heroin drug culture, most started by stealing prescription drugs from their parents medicine cabinets and buying pills from New Jersey housewives looking to make money. When the costs had risen and the supply dwindled, they were left with no choice but to snort or shoot heroin.

The Asbury Park Press article also brings to light the legal ramifications of possessing, distributing, and trafficking of heroin and other drugs. With law enforcement officials aware of the troubled areas and making every effort to crack down, those involved in the culture will inevitably suffer the consequences of the law. There are a number of New Jersey Statutes that an offender could be charged with and later convicted of. The most common drug charges in New Jersey include N.J.S. 2C:35-10; Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition. If an individual possesses, uses, or is found under the influence of a drug or its analog, listed on a very comprehensive schedule broken into 5 parts, he or she can be convicted of a 3rd or 4th degree crime depending on which part of the schedule the controlled dangerous substance (CDS) appears. If the CDS appears on parts one through four of the schedule, the individual will be charged with a 3rd degree crime. Penalties for a 3rd degree offense include a fine of up to $35,000.00, imprisonment of between 3 and 5 years, community service, and court costs and other fees.

Of course, every incident is different and there are factors surrounding an arrest that could allow the prosecutor to charge and individual with a 1st or 2nd degree criminal offense as well. If an individual was caught with a CDS on part five of the schedule, he or she will be charged with a crime in the 4th degree. Penalties for a conviction can include a fine of up to $15,000.00, imprisonment of up to 18 months, community service, and court costs and other fees. If an individual is caught with under 50 grams of Marijuana or under 5 grams of Hashish, he or she will be charged as a disorderly person, not as a 3rd or 4th degree criminal. Penalties for a disorderly persons offense include a fine of up to $1,000.00, up to six months in jail, community service, and court costs and other fees.

Continue reading "Heroin Use and Possession on the Rise in Monmouth County and Ocean County: Call an Ocean County and Monmouth County Criminal Defense Attorney for Help! " »

On July 7th, following a two month long investigation, police officers in Brick, New Jersey made a motor vehicle stop at Route 88 and Younger Street which led to the seizure of 270 bags of heroin and more than $2,000.000 in cash. During the drug bust, police arrested three suspects who were charged with manufacturing, dispensing or distributing heroin, possession of heroin, possession of drug paraphernalia, possession of Suboxone, and possession of methadone.

Being arrested and convicted of a drug offense in New Jersey, such as manufacturing, distribution, or possession, can lead to some very serious and long lasting consequences. The amount and type of drugs involved in the crime will determine whether an individual will be charged with a first, second, third or fourth degree crime, or a disorderly persons offense. Those arrested for first degree drug charges can face up to 20 years in prison, while lesser fourth degree and disorderly persons convictions can carry sentences ranging from 6 months in jail to 18 months in prison.

Where an individual is charged with manufacturing, distributing, or dispensing illegal drugs (N.J.S. 2C:35-5), law enforcement and the prosecutor will focus on the type and amount of drugs involved, the individual's level of involvement in the activity relevant to the charge, the evidence found by the police against the individual, the individual's criminal record, and where the charge occurred (e.g. in a school zone). Depending on each of these factors, the manufacturing charge can lead to anywhere from a first degree charge to a less severe fourth degree crime.

Being charged with possession of illegal drugs (N.J.S 2C: 35-10) can also lead to some very serious punishments. In New Jersey, it is illegal to knowingly or purposefully obtain or possess a controlled dangerous substance. Constructive possession is all that is required to satisfy possession in New Jersey, meaning that an individual need not have the illegal drugs on their person; simply having the drugs nearby in a place that they can easily access them, will suffice. For this reason, during a drug bust almost everyone in the room or vehicle where the drugs are found can be charged with possession, since each and every individual has constructive possession of the drugs being confiscated.

The charge of possession of drug paraphernalia (N.J.S 2C: 36-2) is frequently charged and refers to any equipment used to produce, conceal, or consume illegal drugs. Some of the more common drug paraphernalia found include rolling papers marked with marijuana residue, glass pipes with smoke stains, needles, bongs, roach clips, vials, plastic baggies, and syringes.

There are numerous defenses and mitigating circumstances that an experienced New Jersey criminal defense attorney may be able to uncover in reviewing the facts and circumstances of your drug charge.

Continue reading "Arrested for Illegal Drugs in Brick? Call An Experienced Brick Criminal Defense Attorney" »

Now that summer is in full swing and the new school year is fast approaching, house parties with large crowds of young adults seem to be a common occurrence. If the party produces a lot of noise so as to distract and disrupt the neighbors from the quiet enjoyment of their own property, the police will inevitably be called to respond to a noise ordinance complaint. The officer's actions during the response call must be put under scrutiny as he/she could have violated 4th Amendment rights protecting against illegal search and seizure.

Recently, in the New Jersey Appellate Division case of State v. Kaltner, a group of Monmouth University students all living together in an off campus house in Long Branch (not affiliated with the University) decided to throw a party. The party became loud enough to disturb the neighbors who responded by calling the Long Branch Police. Once the police arrived and knocked at the door, a partygoer opened the door and invited them to step in. Once inside, Long Branch Police Officers began searching for the residents of the home so that they could instruct them to keep the noise level down. The officers split up and scattered throughout the house. One officer in particular ventured upstairs and began looking around. The lone officer testified that while upstairs he noticed a controlled dangerous substance that he recognized from his training as well as other drug paraphernalia. The officer confiscated the drugs and arrested the individual who owned them. At trial, the judge opined that the search performed by the Long Branch Police Officer was in fact violative of the 4th Amendment's protection against illegal search and seizure thus not allowing the evidence collected as a result of that search to be admitted at trial.

On appeal, the three-judge Appellate Panel agreed and affirmed the lower court ruling with clear deference to the 4th Amendment. Because the Long Branch Police Officers were invited inside the house, the question or issue that the Appellate Division needed to decide was whether or not the Police acted lawfully in fanning out to find the people within the house that were responsible for throwing the party which is how the illegal drugs were discovered.

A number of arguments were raised by the State. In particular, a general "community caretaking" argument posed an interesting debate in the case. The Appellate Division judges deduced that this case turned on whether "the objective reasonableness of the police action in executing their service function" was satisfied. The court ruled that fanning out to find the people responsible for the party was not objectively reasonable because there was no need to do so. There were numerous partygoers that could have sought the responsible party for the officers along with a number of other approaches. The goal of the police visit was to abate the nuisance, not to search the house for the homeowner. Given those circumstances, the judges ruled that the search was unlawful. In a clear manner calculated to avoid a brightline rule, the Court limited its opinion to the case at hand claiming that each search and seizure case must be decided on a case-by-case basis to determine if the police were in fact objectively reasonable.

Continue reading "Are You Facing Criminal Charges From A House Party: Discuss Your Case With An Experienced NJ Criminal Defense Attorney. Recent NJ Appellate Division Opinion May Provide a Defense To Your Charges. " »

N.J.S.A. 2C: 35-19, part of the Comprehensive Drug Act, requires that when the State intends to offer a laboratory certificate regarding the composition, quality or quantity of a controlled substance into evidence, the defendant must be notified at least twenty days before trial. The defendant then has ten days to object to the admission of the lab certificate or waives his right to do so. The laboratory certificate should contain reports including the type of analysis performed, the result of the analysis, any conclusions reached based upon that result, a showing that the author of the report is the person who performed the analysis and made the conclusions, the author's training or experience to perform the analysis, and the nature and condition of the equipment used.

In the recently decided New Jersey Appellate Division case of State of New Jersey v. Julio Heisler, four nickel or "dime bags" of marijuana were seized from Julio Heisler's car during a search. A laboratory analysis showed that one of the bags seized contained marijuana weighing .19 grams. The State served Heisler with a copy of the lab certificate and a notice of intent to offer it into evidence but did not send any accompanying reports verifying the author of the report or documenting his training or experience. Heisler objected after ten days had passed and the State responded that the time in which he could object had already passed. The State believed that as soon as Heisler received the laboratory certificate the ten day period began to run, regardless of whether or not he received any of the accompanying reports. The municipal court agreed with the State and allowed the certificate to be offered into evidence. On de novo review, the Law Division affirmed the municipal court's ruling and allowed the lab certificate to be offered into evidence.

The Superior Court of New Jersey, Appellate Division, held that the State failed to comply with N.J.S.A. 2C: 35-19 when they failed to back the certificate up with further documentation relating to the analysis, including the training and experience of the author. Since this documentation was not offered, the ten day period was found not to have begun to run, and the defendant's objection was found not to be untimely.

Continue reading "Discuss With An Experienced New Jersey Criminal Defense Attorney The Lab Certificate If You Have Been Charged With Drug Possession Or Drug Distribution. " »

New Jersey Administrative Code § 6A:9-17.1 states the following:

Certificate holder
(a) For purposes of this subchapter, the term certificate holder shall include all individuals who hold certificates, credentials, CEs and CEASs issued by the State Board of Examiners.
(b) For purposes of this subchapter, the term certificate shall include all standard, emergency and provisional certificates, all credentials and all CEs and CEASs issued by the State Board of Examiners.
(c) All certificate holders shall report their arrest or indictment for any crime or offense to their superintendent within 14 calendar days. The report shall include the date of arrest or indictment and charge(s) lodged against the certificate holder. Such certificate holders shall also report to their superintendents the disposition of any charges within seven calendar days of disposition. Failure to comply with these reporting requirements may be deemed "just cause" pursuant to N.J.A.C. 6A:9-17.5. School districts shall make these requirements known to all new employees and to all employees on an annual basis.

To summarize, certificate holders that work in school systems must report to the Superintendent within 14 days any arrest or indictment for any crime or offense from any jurisdiction. When the case is completed, the school employee must report within seven days the final disposition.

The chief school district administrator is also responsible for reporting to the State Board of Examiners when he or she has received a report from the Division of Youth and Family Services (DYFS) substantiating allegations of abuse or neglect or establishing "concerns" regarding a certificated teaching staff member. N.J.A.C. § 6A:9-17.4

Continue reading "New Jersey School Employees Must Report Criminal Charges To Superintendent" »

On the Op-Ed page of the October 6th edition of the Wall Street Journal, nine former administrators of the Drug Enforcement Administration call upon the United States Department of Justice to provide a legal opinion on California's Proposition 19 prior to the November 2010 Election Day, when California's residents voted for the measure.

Proposition 19, also known as the Regulate, Control and Tax Cannabis Act of 2010 , would legalize many aspects of marijuana production and use in California.
Proposition 19 did not pass on Election Day in November. See ABC news story here.

There is a challenge on Proposition 19's horizon as fundamental as the challenge it faced at the ballot box on Election Day. That challenge is a constitutional challenge based on the United States Constitution's Supremacy Clause. The Supremacy Clause, simply stated, means that, where a state law conflicts with a federal law, the federal law is given effect. The state law, in other words, is invalidated by the existence of a conflicting federal law.

In their Wall Street Journal opinion piece, the former administrators of the Drug Enforcement Administration point out that the federal Controlled Substances Act makes the production and sale of marijuana a federal crime. The production and sale of marijuana is likewise illegal in New Jersey. Except for certain limited medical exceptions, the production and sale of marijuana in California is illegal. Hence Proposition 19. If Proposition 19 ever passes on a future Election Day, the federal Act will remain in place. That means that while various aspects of production and sale of marijuana in California would then be legal, the legal regime in California with respect to marijuana would be in direct conflict with the federal Controlled Substances Act.

In order for the Supremacy Clause to be invoked to invalidate the Regulate, Control and Tax Cannabis Act of 2010, if it ever passes, a challenge would have to be made in court. The former administrators of the Drug Enforcement Adminsitration, in their opinion piece in the Wall Street Journal, call upon the Department of Justice to issue and publish a legal opinion with respect to the constitutional supremacy of the federal Controlled Substances Act. They wanted the Justice Department to share that opinion with the people of California ahead of the 2010 Election Day. They hope that by doing so, the Justice Department will short circuit the need to mount a constitutional challenge to the California law in court, as California's voters, aware the measure is likely unconstitutional, will decline to vote for it on Election Day.

Whatever becomes of Proposition 19, many observers, some citing the dire and mounting violence in Mexico and the rising population of non-violent prisoners here at home, believe the United States should move toward the legalization of marijuana production and use. The legalization campaign seems to be reaching critical mass. In the not too distant future, it may no longer be illegal in New Jersey to grow or use marijuana. It's certainly illegal now, except under the very limited medical marijuana law. See nj.com article regarding N.J. medical marijuana signed.

As reported by the Asbury Park Press on January 11, 2011 online (APP.com), two individuals from Reston, Virginia were arrested by Brick Township Police after a patrol officer investigated a suspicious vehicle in the parking lot of the Dorado Plaza. The police officer questioned the occupants of the vehicle and observed cocaine and open bottles of alcohol. The police officers searched the vehicle and found drug paraphernelia in the console of the car, a large amount of cash and marijuana.

Each occupant was charged with drug possession (New Jersey Statute 2C:35-10), drug distribution (New Jersey Statute 2C:35-5), possession of drug paraphernelia (New Jersey Statute 2C:36-2) and possession of open alcoholic beverage containers (New Jersey Statute 39:4-51b). Bail was sent for both individuals at $200,000 and they were sent to the Ocean County Jail.

These individuals are possibly facing a significant prison term for drug distribution charges. The quantity of the drugs found by the police will determine if these individuals are facing a first, second or third degree drug distribution charge. The specific facts and circumstances of this case which shall be revealed through the police reports and investigation by law enforcement may provide grounds to suppress the evidence seized based on Fourth Amendment search and seizure law.

Continue reading "Sleeping in Car Leads to Arrests for Drug Possession and Drug Distribution in Brick, Ocean County, New Jersey Case" »

On a cold December night State Police raided an apartment in the 300 block of Richmond Avenue, Point Pleasant Beach, Ocean County, New Jersey. The investigators seized 1.5 lbs. of marijuana; prescription drugs; weapons including brass knuckles, daggers, a machete, metal asp and a BB gun; drug paraphernalia; and $23,350 in cash.

Four individuals were arrested and charged with various drug possession and weapon possession crimes. Two individuals were charged with more serious offenses and released after posting $15,000 full cash bail. These criminal charges will be resolved in the future in New Jersey Superior Court.

The other two individuals were released on criminal summonses for possession of marijuana under 50 grams. These two individuals may be eligible for a conditional discharge in municipal court, if they qualify.

Continue reading "Drugs And Weapons Found At Point Pleasant Beach, Ocean County, New Jersey State Police Raid" »

The accused ringleader and also two of the suspected cohorts involved in a large indoor marijuana growing operation who were arrested in February have been indicted. The suspects are facing lengthy prison sentences and large fines if they are convicted and were being held in county jail in lieu of bail ranging from $750k to $1 million dollars. In February police had initially been alerted to the marijuana when a patrol officer noticed the smell of burning marijuana coming from the chimney of a house in Monroe Township. The chance encounter in Monroe has lead to one of the largest drug busts in recent years.

Tuan Ahn Dang, 36, of the Port Monmouth section of Middletown; Ngoc Bui, 35, of Old Bridge; and Thu Nguyen, 45 of Monroe were named in the 23 count indictment. Tuang Ahn Dang was indicted and charged as the leader of the syndicate, and faces charges of being the leader of a drug syndicate, a charge which could carry a life sentence with parole eligibility after twenty five years. His charges include various possession, manufacturing and distribution charges as well as maintaining and operating a drug producing facility, money laundering, conspiracy, theft of services and criminal mischief.

A fourth suspect, Tin Phan, 42, of Sayreville, was also indicted and charged with fraudulently obtaining mortgage loans worth $370,000 to purchase a home used to grow marijuana. The operation used homes not only in Monroe in Middlesex County but also Ocean and Monmouth Counties.

According to New Jersey Attorney General Paula Dow the indicted suspects were part of the largest indoor marijuana growing operation ever to be uncovered by New Jersey law enforcement. The investigation in total resulted in the seizure of 3,370 pot plants, 130 pounds of harvested marijuana, and $66,000 in cash. An array of marijuana growing material was also taken and several state and local law enforcement agencies were involved in the investigation.

SOURCE:

Asbury Park Press, "Three indicted in alleged multimillion-dollar marijuana growing ring"
By CHARLES WEBSTER • STAFF WRITER • November 10, 2010

What was for a long time an under the radar but growing trend has now turned into a full blown epidemic not only in New Jersey but throughout the United States. Abuse of prescription drugs, such as OxyContin, Percocet, Vicodin, Xanax, and Morphine is resulting in numerous arrests and deaths, and is ruining the lives of thousands of Americans a year.

Among adolescents, prescription drugs have replaced heroin and cocaine as a first use drug, with many teens and young people finding the drugs in their own homes. According to the Partnership for a Drug Free America, prescription drug abuse now ranks behind only marijuana in the rate of usage among teenagers. See this informative advertisement.

In New Jersey prescription drugs are classified as a controlled dangerous substance (CDS) and penalties for the possession or possession with intent to sell can result in fines in the tens of thousands of dollars, long probationary periods and even jail or prison time. Related offenses, such as forging prescriptions in order to purchase more prescription drugs, or prescription fraud can also result in harsh penalties up to and including jail or prison time. Penalties for possession or sale of a controlled dangerous substance are heightened, with offenders often facing twice the amount of time in prison before being eligible for parole, if they are arrested in a school zone or are arrested for selling to minors. N.J.S.A. 2C:35-10

Though prescription drug abuse among teens and young adults is widespread the work of law enforcement authorities and also of drug rehabilitation and drug education programs are contributing to a new awareness of prescription drug abuse.

Being arrested for possession of a controlled dangerous substance such as prescription drugs is a serious offense. If you or someone you know has been arrested for a drug offense consult an experienced New Jersey criminal law attorney immediately. An experienced criminal defense attorney may be able to resolve your case through a diversionary program to avoid the substantial penalties you currently face and help get your life back on track.

Marijuana use and possession have become a frequently violated offense at the Jersey Shore in Ocean County and Monmouth County. A drug offense is something everyone wishes to avoid having on their record. Having a drug offense on your record can cause detrimental consequences, especially when applying for jobs or even retaining employment.

If you are charged with a simple marijuana offense, you may still have an opportunity to keep your record clean. Assuming that you have no prior drug offenses, obtaining a conditional discharge is an option worth discussing with an experienced criminal defense attorney if you value a clean record.

A conditional discharge is a diversionary program that allows first time offenders to avoid being convicted of simple marijuana charges amounting to a disorderly persons offense (i.e. possession of marijuana under 50 grams (N.J.S.A. 2C:35-10a(4)), possession of paraphernalia (N.J.S.A. 2C:36-2), or use of marijuana (N.J.S.A. 2C:35-10(b)). Most simple marijuana charges are disorderly persons offenses which are handled in New Jersey in municipal courts. The specific requirements to obtain a conditional discharge and the consequences of a conditional discharge are cited in New Jersey Statute 2C:36A-1.

In obtaining a conditional discharge, you are agreeing to receive supervisory treatment (similar to probation) for a period of up to three years, usually one year, and to pay significant fines adding up to $833.00. In return, the court will suspend further proceedings of the drug charge during the conditional discharge period. The court may also impose other penalties pursuant to a conditional discharge, such as suspension of your driver's license.

As part of the supervisory treatment program, you will be required to meet periodically with your conditional discharge/probation officer and submit to and pass urine tests. If you successfully complete the supervisory treatment program and remain out of trouble for the conditional discharge period, the court will dismiss the drug charge and you will avoid having a conviction. If you fail a drug test or are charged with another offense during the conditional discharge period, the Court will reinstate the proceedings of the original marijuana charge.

While a conditional discharge can prevent a drug conviction from appearing on your record, it will not remove the arrest from your record. After the conditional discharge is successfully completed, you can have the arrest removed from your record through a process called expungement.

If you are charged with a simple marijuana offense, you should hire a local criminal defense attorney who has experience representing clients in the municipal court that you are summonsed to.

It is important to note that settling for a conditional discharge may not be your best option, especially if the facts and circumstances of your case make it likely that you will be found not guilty at trial or if evidence can be suppressed by the filing of a motion to suppress .

Also, remember that a conditional discharge is only available once! If you agree to a conditional discharge, you will neither be eligible for another one in municipal court nor for pre-trial intervention in New Jersey Superior Court on an indictable charge. (Court Rule 3:28, Guideline 3(g).