Do i need a criminal atty.

Asked about 2 years ago - Holmdel, NJ

i am 20 years old college student going to school for criminal justice.no previous record i am from new york and went to the pnc bank arts theater and was arrested for N.J.S 2c:35-10a(1) and 2c:35-10a(4) and 2c:36-2. i was sitting in the back seat of my friends car on my cell phone and poliece officer came up to the door opend the door took me out and searched the vehicle. and unkown to me the officer found under my friends clothes a bag of what he told me to be controlled dangerous substance. my friend who car it was was sitting on the hood of his car was never asked any questions nor the cop never asked who owned vechicle and arrested me to take my fingerprints and gave me an apperence ticket. (had no idea any drugs being in vehicle). wat do i need to do? court date 8-29-2012 9am.

Attorney answers (9)

  1. Kristy L. Bruce

    Pro

    Contributor Level 13

    10

    Lawyers agree

    Answered . From the limited facts you have supplied, it sounds like there are some serious issues as to whether or not this stop and search were legal. These are serious charges pending against you and if found guilty, will make it difficult for you to find a job after graduating from college. You need to either consult a private attorney for hire or apply for a public defender right away. You should not attend your court hearing alone.

  2. Yolanda Navarrete

    Contributor Level 20

    9

    Lawyers agree

    Answered . I agree that from your facts it appears you have a strong defense, provided you have remained silent. Get a good criminal attorney.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  3. Eric M. Mark

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Yes, you need a lawyer. Based on your facts you have the defense of not knowing the drugs were there. You need a lawyer to argue this for you, because the court will not just take your word. Your friend could be a witness on your behalf, but that is complicated because of the potential damage to him.
    As a student, you cannot afford a drug conviction because it will affect your financial aid as well as future job prospects.

    Eric M. Mark, Esq.
    744 Broad St., 16th Fl.
    Newark, NJ 07653
    &
    P.O. Box 9151
    Paramus, NJ 07653
    phone: 201-394-4676
    fax: 973-265-7677
    EricMarkEsq@gmail.com
    Skype username: EricMarkEsq
    ericmarklaw.com


    Please excuse typos: sent from a portable device

  4. Mark M Cheser

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You need an experienced criminal defense attorney ASAP. There are numerous issues and defense slisted in your post. Your friend can be a friend also and get you off the hook. Why did the cops go into the car? More infromation is needed. Call with more information.

  5. John George Ducey

    Contributor Level 13

    5

    Lawyers agree

    Answered . You need to hire an attorney now and the date in all liklihood will be adjourned or you need to appear in court that day, plead not guilty, apply tfor the public defender or leave court and hire an attorney.

    There are search issues, ownership issues, etc. which need to be looked into.

    John Ducey
    732-458-5600

  6. Ronald Edward Aronds

    Contributor Level 11

    5

    Lawyers agree

    Answered . I would hire a lawyer if I was you. If you can't afford a private lawyer then you must apply for the public defender to represent you. Based solely on what you wrote it appears that there is at least a possibility that the charges against you could be dismissed. However, I would need to see all the evidence in the case before I could give you a definite answer. Please contact me for a free consultation to discuss your case in more detail. Thank you.
    Sincerely yours, -Ronald Aronds, Esq.-

  7. Randolph H Wolf

    Contributor Level 6

    5

    Lawyers agree

    Answered . I would first try to attack the stop on your behalf by filing a motion to suppress evidence. Hopefully, the charges would be dismissed. Your second best option would be to enter into a diversionary program. Upon completion, the charges would be dismissed. Six months after dismissal, you could have the record of the arrest expunged. Some agencies (law enforcement and the judiciary) would still have access to the record.

    It should be understood that even though I am answering your question, no attorney-client relationship exists... more
  8. James Alexander Abate

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . I agree with my learned collegues that a conviction on this charge could impact your future in criminal justice. It does sound like there may be defenses available on these charges. You need to retain a lawyer.

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
  9. Keith G Langer

    Contributor Level 19

    5

    Lawyers agree

    Answered . You are "going to school for criminal justice," a career which will be limited, if not wholly foreclosed, by a conviction for drug possession. Obviously, you need competent representation to defend you against the charge, particularly on the events as you allege them to have occurred.

    Contact your state and local bar associations for referrals. If you qualify as indigent, counsel will be appointed for you at the arraignment.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.

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