Morris County NJ Marijuana Distribution Defense Attorneys
Mendham NJ Second Degree Marijuana Distribution Results in PTI Admission
Mr. Tormey recently represented a client facing serious drug charges in the Morris County Superior Court, located in Morristown, New Jersey. Our client was charged with distribution of marijuana in the second degree. Due to the seriousness of the charge, our client was facing five (5) to ten (10) years in New Jersey State Prison, with a presumption of incarceration. This meant that, even though our client had no prior record, it was presumed that, if convicted, he would be sentenced to a period of incarceration in state prison of between five (5) and ten (10) years.
The facts of the case were as follows: Our client was a Master’s student in Philadelphia with no prior criminal record. He had been stopped in his motor vehicle with a female friend pulling out of the driveway of her parents’ house in Mendham. The officer allegedly smelled marijuana and asked for consent to search the vehicle (at which time consent was supposedly given). The search revealed 182 grams (or approximately 6.5 ounces) of marijuana. The search also turned up $308.00, which our client had in his wallet, not in the vicinity of the drugs.
This would normally be a third degree distribution charge, but because the incident occurred within 500 feet of a public park, it became a second degree crime, with the associated increase in penalties. Nonetheless, Mr. Tormey was able to successfully convince the Morris County Assistant Prosecutor that our client was not a drug dealer and that the marijuana was for his personal use. We provided transcripts from our client’s Master’s program as well as multiple letters of recommendation regarding his character and prior conduct in school. As a result, the prosecutor agreed to allow our client to be admitted into the PTI program for a period of two (2) years. As long as he stays out of trouble during this period and complies with the other conditions of the diversionary program, the charges will be dismissed at the end of the probationary period. In the end, our client will have no criminal record from this incident.
To speak with one of our talented defense lawyers about how we can help you to successfully resolve your case, contact our Hackensack offices anytime at (201)-330-4979. Our attorneys are always available to provide free and immediate assistance.