Paramus Possession of Marijuana Charges Dismissed (N.J.S.A. 2C:35-10a)
Bergen County Criminal Defense Lawyers with offices in Hackensack, New Jersey
Possession of marijuana under 50 grams without a valid medical card is a criminal offense in New Jersey. Here is an example of a case we handled for a client facing this disorderly persons criminal charge in Paramus NJ.
Travis J. Tormey and Christopher Perry of the Tormey Law Firm LLC recently represented a client charged with possession of marijuana under 50 grams under N.J.S.A. 2C:35-10(a). This is a disorderly persons offense in New Jersey punishable by the following: up to a $1,000 fine, up to six (6) months in the Bergen County jail, possible probation, a driver’s license suspension of 6 months to 2 years, and a permanent criminal charge on your record if convicted.
The client and his girlfriend were stopped for a traffic violation in Paramus on Route 17. During the course of the traffic stop, marijuana was found in the motor vehicle. Our office received the initial discovery package (videos, police reports, witness statements, etc.) but were not provided with the lab report. In every drug case, the State must send the drugs (in this case marijuana) to the New Jersey State Police lab for testing. Obviously, the State can’t prove the charge, possession of marijuana, without first proving that the substance found was in fact marijuana.
In every criminal case, the defendant has a right to receive all of the discovery the State intends to rely upon at trial prior to the trial date. In addition, the defendant has a right to a speedy trial. There have been issues with the State police lab in New Jersey. In fact, one of the lab technicians was recently terminated for sending out positive lab results on drugs he had never in fact tested. Typically, the lab reports take about 90 days to be produced. In this case, we appeared in court 4 or 5 times and the lab results were still missing. On each appearance, our marijuana defense attorneys asserted our client’s right to a speedy trial and to the missing discovery. Finally, the Judge signed an Order which required that the labs be produced to the defense within 30 days or the case would be dismissed. The labs were not produced within the required time period so the Judge dismissed the case.
Arrested for a Drug Charge in Paramus? We can help
This was a great result for our client and the Tormey Law Firm LLC.
