Palisades Interstate Parkway Drugs and Weapons Charges Defense Attorneys
Arrested with Marijuana, BB gun in Car – Palisades Interstate Park Court
Do you need a lawyer for a drug charge in Palisades Interstate Park Court? Contact us now for help.
Travis J. Tormey recently represented two brothers who were stopped in a motor vehicle with another one of their friends (who was the driver of the vehicle) on the Palisades Interstate Parkway. A search of the vehicle led to criminal charges for unlawful possession of a weapon (a BB gun) and possession of marijuana under fifty (50) grams. Unbeknownst to many, a BB gun is considered a firearm in New Jersey, so the defendants were facing a third degree charge, with a sentence of up to five (5) years in state prison if convicted.
The first step was to have the felony gun charge downgraded to the Municipal Court based on the defendants lack of prior criminal record and the fact that this was a BB gun and not a handgun or other form of firearm. Our criminal defense lawyers were able to convince the Bergen County Prosecutor’s Office to remand the case to Municipal Court rather than prosecuting the gun charge as an indictable (felony) level offense at the Bergen County Superior Court. As a result, the case was remanded (downgraded) to be handled at the Palisades Interstate Park Municipal Court.
When people are in a vehicle in New Jersey, there is something called constructive possession which applies. It means that everyone in the vehicle is presumed to be in possession of whatever is in the vehicle – guns, drugs, money, etc. This even applies to things in the trunk and out of the reach of the passengers. However, you can try to overcome this presumption to prove that you had no knowledge of whatever illegal was in the vehicle. In addition, another occupant can many times takes responsibility for what was theirs in the car and exculpate the other occupants (get them off the hook).
Here, when we appeared in the Municipal Court, the driver of the vehicle took responsibility for the marijuana that was in the car. Therefore, the charges were dismissed against our clients and they have no criminal record from this incident.
Marijuana Charges Palisades Interstate Park Court NJ – Need Attorney
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