New Jersey DUI DWI Attorney » Drug Possession Charges http://www.duiattorney-nj.com Pasch Consulting Group Fri, 29 May 2009 13:08:12 +0000 en hourly 1 http://wordpress.org/?v=3.2.1 Case Study: Third Degree Possession With Intent To Distribute in a School Zone http://www.duiattorney-nj.com/20081110-case-study-third-degree-possession-with-intent-to-distribute-in-a-school-zone/ http://www.duiattorney-nj.com/20081110-case-study-third-degree-possession-with-intent-to-distribute-in-a-school-zone/#comments Tue, 11 Nov 2008 00:05:49 +0000 admin http://www.duiattorney-nj.com/?p=94 In a recent Ocean County Superior Court case, a gentleman was charged with Third Degree Possession with Intent to Distribute in a School Zone. He was looking at a mandatory parole ineligibility of 1 year and was not eligible for Pretrial Intervention.

We were able to avoided incarceration and allow the client to get the conviction expunged in the future. By having the case downgraded to a Fourth Degree Marijuana Possession, the client was placed within an exception to non-expungability of a distribution conviction. As a young offender whose conviction was for Fourth Degree Marijuana Distribution, he can get the conviction expunged in the future.

We obvious have occasion to achieve all kinds of favorable results on behalf of our clients. The typical marijuana case does not involve the facts involved in the cases outlined previously in this release, however, the cases have been provided to demonstrate the full extent of the knowledge, experience and track record of our criminal defense lawyers. Our attorneys are here to assist you and we encourage you to contact the Law Offices of Jonathan F. Marshall, toll-free at 877-450-8301.

If you would like to obtain additional information regarding marijuana possession and distribution, you may consult our criminal defense website.

]]> http://www.duiattorney-nj.com/20081110-case-study-third-degree-possession-with-intent-to-distribute-in-a-school-zone/feed/ 0 Case Study: Four Pounds of Marijuana Found in a Motor Vehicle http://www.duiattorney-nj.com/20081110-case-study-four-pounds-of-marijuana-found-in-a-motor-vehicle/ http://www.duiattorney-nj.com/20081110-case-study-four-pounds-of-marijuana-found-in-a-motor-vehicle/#comments Tue, 11 Nov 2008 00:01:13 +0000 admin http://www.duiattorney-nj.com/?p=91 Another significant Marijuana Possession result was just reached by Todd Palumbo in Union County Superior Court. Our client was in Possession of approximately four pounds of marijuana in his motor vehicle.

Possession was also with Intent to Distribute in a School Zone thereby involving 3 years of Parole Ineligibility and it was not our client’s first marijuana charge as he already had a conviction. The initial plea offer was 5 years and the client would never see the streets of the United States if he received a day of incarceration (i.e. he would be placed on immigration hold and immediately get deported after serving any jail term as he was not a citizen) or was convicted of distribution (i.e. this is an aggravated felony mandating deportation under Federal Law).

After pressing the issues concerning whether the motor vehicle search was proper and some other legal arguments, we were able to avoid jail altogether and enter a plea to simple possession of marijuana (no distribution). The conviction shall be subject to expungement as it did not involve distribution, the client was not required to serve any jail, did not have to resort to drug court and, most importantly, probably avoided deportation.

Needless to say, the gentlemen and his family we extremely pleased as his life and 20 plus years of residence in this country were not thrown away.

We obvious have occasion to achieve all kinds of favorable results on behalf of our clients. The typical marijuana case does not involve the facts involved in the cases outlined previously in this release, however, the cases have been provided to demonstrate the full extent of the knowledge, experience and track record of our criminal defense lawyers. Our attorneys are here to assist you and we encourage you to contact the Law Offices of Jonathan F. Marshall, toll-free at 877-450-8301.

If you would like to obtain additional information regarding marijuana possession and distribution, you may consult our criminal defense website .

]]> http://www.duiattorney-nj.com/20081110-case-study-four-pounds-of-marijuana-found-in-a-motor-vehicle/feed/ 0 Case Study: 5 Pounds of Marijuana in a School Zone http://www.duiattorney-nj.com/20081110-case-study-5-pounds-of-marijuana-in-a-school-zone/ http://www.duiattorney-nj.com/20081110-case-study-5-pounds-of-marijuana-in-a-school-zone/#comments Mon, 10 Nov 2008 23:43:38 +0000 admin http://www.duiattorney-nj.com/?p=87 John F. Marshall and Colin Bonus recently resolved a Monmouth County Superior Court marijuana case involving a student at a prominent NJ university. The young man was in possession of in excess of 5 pounds of marijuana in a school zone and there were no co-defendants (i.e. other individuals involved in the case). He was looking at a Second Degree Marijuana Possession Charge involving 5-10 years of jail and a mandatory parole ineligibility of 3 years (i.e. time which had to be served before he would be eligible for parole).

We were elated to resolve the case, after much effort, under terms where he not only avoided jail but a criminal record altogether. Despite the fact that he was ineligible for Pretrial Interventionm given the severity of his offense (e.g. Second Degree Ineligible for Pretrial Intervention, Mandatory Jail, etc.), we were able to get the man into Pretrial Intervention through our efforts. Provided he completes one year of Pretrial Intervention without incident, he will avoid a criminal record. This result was obviously a far cry from a Second Degree Possession with Intent to Distribute and a 3 Year term of Parole Ineligibility.

We obvious have occasion to achieve all kinds of favorable results on behalf of our clients. The typical marijuana case does not involve the facts involved in the cases outlined previously in this release, however, the cases have been provided to demonstrate the full extent of the knowledge, experience and track record of our criminal defense lawyers. Our attorneys are here to assist you and we encourage you to contact the Law Offices of Jonathan F. Marshall, toll-free at 877-450-8301.

If you would like to obtain additional information regarding marijuana possession and distribution, you may consult our Criminal Defense website.

]]> http://www.duiattorney-nj.com/20081110-case-study-5-pounds-of-marijuana-in-a-school-zone/feed/ 0 How To Defend Drug Possession Charges in New Jersey http://www.duiattorney-nj.com/20081104-how-to-defend-drug-possession-charges-in-new-jersey/ http://www.duiattorney-nj.com/20081104-how-to-defend-drug-possession-charges-in-new-jersey/#comments Wed, 05 Nov 2008 02:25:34 +0000 admin http://www.duiattorney-nj.com/?p=74 New Jersey Drug Possession Laws

You’ve just been arrested for possession of marijuana. Now what? It seems as though the police have a good case against suspects, after all, they were found with drugs in their possession, right? Wrong. Prosecuting drug possession cases in New Jersey is not as cut and dry as one may think. Any NJ resident who has been arrested or charged with possession of marijuana, cocaine, heroin, or another illegal drug, must talk to an attorney immediately in order to achieve the best possible outcome.

It is wrong to assume the prosecution has a strong case in light of the evidence and circumstances. The law offices of John F. Marshall will investigate and probe every angle of drug possession cases to defend all charges.

For more information on drug possession charges in New Jersey, visit the website of criminal defense attorney John Marshall.

New Jersey drug possession laws are complex and severe. For Simple Possession of marijuana (pot), you face the risk of up to 18 months in jail, fines from $500-$15,000, loss of driver’s license and drug Rehabilitation Programs (at your expense). These are likely penalties under NJ law for a first offense drug possession charge. So what can be done?

A suspect’s first chance at successfully defending drug possession charges is to keep quiet and not answer any questions whatsoever for police or anyone else. The next step can make or break a suspect’s case; hire a qualified New Jersey criminal defense attorney. A defense attorney from the Law Offices of John Marshall will vigorously defend key components regarding the circumstances of your case such as:

· Were the drugs used as evidence against you gained through an illegal search and seizure?

· Was there probable cause for a traffic stop or search?

· If you were charged with possession with intent to distribute, the charge may have been based on possession of drug paraphernalia, a large amount of cash, or a scale. There is always the potential to have charges of intent to distribute reduced to simple possession.

· Was the marijuana, cocaine, hash, or heroin really in your possession?

· Were you read your Miranda rights as soon as you were arrested or you did not feel free to leave?

· Were the drugs found on your person when a police officer was patting you down for a weapon?

Answers to these questions may lead to dismissal of charges, a reduction to a lesser charge in a plea bargain, or winning a not-guilty verdict at trial. The attorneys at John Marshall are highly skilled and experienced defense attorneys including former prosecutors who are now on your side. They will negotiate with prosecutors to get the accused the best possible outcome.

Individuals charged or under investigation in Middlesex County, Union County, Monmouth County, Ocean County, Somerset County, Hudson County, or Essex County seeking advice or information from a criminal defense attorney can call 877-450-8301 or e-mail the office to arrange a free consultation
.

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