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Asked 10 months ago - Roselle Park, NJ
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I was stopped by police and due to the smell in the car handed over the weed and bowl immediately. The cop was cordial and arrested me for possession of marijuana and paraphernalia. cuffed me and told me he would get me out quick (which he did) He told me of the charges and put me in a transport vehicle.They searched me took inventory of everything in my pocket. They took me to precinct fingerprint and pictures even gave me a ride back to the car. But in retrospect I don't remember being read my rights. I probably don't have a leg to stand on. But is a CD the best option? This is my first arrest.
Can I still plead not guilty? What do I need to prove to the prosecutor I deserve a CD?
You didn't mention whether or not this is a first offense. If so, then you are eligible for a CD and don't have to prove anything to the prosecutor to get one. However, you should hired an experienced criminal defense attorney to represent you, because he or she will evaluate your case and determine whether there are any defenses that could result in your case being dismissed, thereby not burning your one and only chance at a first offender's program, which is what a CD is.
You did not indicate what you were stopped for. You are entitled to seek the conditional discharge, but it is wise to seek representation, either private or through the public defender, to assess the evidence and defenses. Typically you would be under probation for a one year period. However, if you are busted again during that year, then you will face two charges.
The only reason to have an attorney here is to check and see if there is a motion to suppress that could beat the charge. Otherwise a CD is a good option. Rich is a good prosecutor. He will give you a Cod for the asking but be sure the 4:49.1 is included or there is a 2 year license loss. The Judge in Roselle park will not take your license and will limit the fines, it is still over $600-$700. The only need for an attorney is to check for a defense. Call with more information.
The first question you need to ask is not how do I get a cd. The first question is is it possible to get the whole case thrown out. If there is no suppression issue then as the other attorneys have said already you may be eligible for a cd if you have not had a prior drug charge. However, you can only get a cd once and it does affect you ability to get other types of dispositions on more serious cases should you ever have one in the future. Depending on your age and weather you plan to expunge your record a cd may not even be your best option. If you are between 18 and 21 you will be eligible for an expungement earlier than if you take the cd. If you have any questions about this feel free to give me a call.
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