Montville Police Arrest Two, Charge with Numerous Offenses After Traffic Stop
By Travis Tormey posted in Drug Charges on Wednesday, January 15, 2014
Two individuals are facing numerous charges including possession and distribution of multiple controlled dangerous substances, as well as possession of drug paraphernalia, possession of hypodermic needles, conspiracy, driving while intoxicated, and hindering apprehension, following a routine traffic stop in Montville, New Jersey.
30-year-old Joseph M. McGlinch and 29-year-old Kimberly E. Casciano, both Newton residents, were stopped near Route 46 and Hook Mountain Road in Montville at approximately 11 p.m. on Monday, January 13th after officers in the vicinity witnessed their vehicle making a right turn at a “No Turn on Red” light.
While conducting the stop, the officers reported seeing drug paraphernalia in plain view, according to Montville Police Lieutenant Andrew Caggiano. A subsequent search of the car led to the discovery of 218 wax paper folds of suspected heroin, multiple bags of cocaine, hypodermic needles, and other drug paraphernalia.
Both individuals were subsequently arrested and are being held at the Morris County Correctional Facility, with their bails set at $50,000 each.
Both McGlinch and Casciano are now facing charges for possession of heroin, possession of cocaine, distribution of heroin, conspiracy, possession of hypodermic needles, and possession of drug paraphernalia. In addition, McGlinch is facing charges for hindering apprehension, while Casciano is charged with driving while intoxicated and multiple traffic offenses.
With regard to the charges for conspiracy, the two are charged with conspiring to distribute heroin. Issues related to conspiracy are addressed in N.J.S.A. 2C:5-2, which sets forth the following:
A conspiracy to commit a crime of the first degree is a crime of the second degree, except that a conspiracy to commit murder or terrorism is a crime of the first degree. A crime of the second degree is punishable by a term of imprisonment of between five and 10 years in New Jersey State Prison.
Otherwise, conspiracy is a crime of the same degree as the most serious crime which is the object of the conspiracy. A crime of the third degree is punishable by a term of imprisonment of up to five years in New Jersey State Prison, while a crime of the fourth degree is punishable by a term of imprisonment of up to 18 months in New Jersey State Prison.
As such, the degree of the conspiracy charges against the defendants will be determined by the degree of the charges against them for heroin distribution. In heroin distribution cases, the degree of the charges are determined by the quantity of the substance which the individual or individuals is accused of distributing.
In this case, the amount of heroin contained within the vehicle will ultimately determine the degree of the charges for heroin distribution as well as those for conspiracy, which will have immediate implications for the sentences imposed upon the defendants if they are convicted of those offenses.
For more information pertaining to this case, access the following article: Sussex County pair conspired to distribute heroin, Montville cops say
