Home > Research Legal Advice > Criminal Defense > Is it possible for me to go to court with a 3rd degree possession charge...
Asked 4 months ago - Hazlet, NJ
FlagI have two prior possession charges both more than 5 years ago, and only this arrest since then. The police (union county) seemed pretty sure this would get kicked down to municipal. I am thinking I am going to hire a lawyer, just trying to figure out the possibilities. I was a passenger in my friends car she got pulled over and they searched us both. I got possession in very small quantity of controlled substance - 3rd degree.
Your question raises many issues. WIth two priors, if you are convicted in Superior Court, you are definitely going to get probation. If you are remanded to municipal court, you may be able to avoid probation, but that's a big maybe. More importantly, if you were the passenger, the search of your person may not have been lawful and you may have a viable motion to suppress the drugs they found on you. The police do not have the right to just search your person. You should definitely hire a lawyer to review this issue and other possible defenses.
Based on your record, if you are convicted at the county you will definitely receive probation at a minumum. You can avoid a license suspension by making a "hardship" application to the judge, showing that you need your license for work, school, etc. and that mass transportation is not available. Thus, if the case stays at the county you need the charge dismissed on an illegal search or you need the co-defendant to take responsibility for the drugs. Same thing if it is remanded to municipal court. However, even if you are convicted in municipal court there is a slight chance you could be sentenced to only a fine and no probation. Depends on the judge and the prosecutor.
Never go to criminal court without a lawyer. This may get downgraded, but don't bet on it, especially if you have two priors already. From what you are saying there may possibly be a defense to the charge against you. Please contact my office to discuss your case in more detail and to see how I can assist you. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
You need to hire an experienced criminal defense attorney to represent you. We have several NJ avvo lawyers on this site that may respond on the specifics of your question relating to jail vs. probation and your driver license. One issue is the search of a passenger exceeding a "Terry vs. Ohio" pat-down search. An experienced criminal defense attorney will explore that issue. A summary of the 1967 Supreme Court opinion follows in the next comment. Get counsel.
There is an outside chance of avoiding probation but unlikely if you are convicted of the the 3rd degree charge. If there is a question about the stop and search a motion to suppress may highlight the weakness to the prosecutor and result in a favorable plea bargain or even a dismissal if the evidence is suppressed. If you are accused if possessing MJ, a trial may be your best option as nj juries rarely convict on possession of marijuana. Good luck
An attorney needs to evaluate the search and seizure issues here. If the charges can be proven you are in a bind. The case may well be downgraded if it is small amount. But with priors probation is a real possibility, Keeping your license is very possible. But in some towns in Union County, Cranford and Rahway for example, it is tougher to get a hardship ruling. If the case stays in the county and A.P. Jill O'Malley permits you can get a DP in the Superior Court but Judge Triarsi will put you on probation more than likely but not every time. Your license there would be safe in most cases. Call with more information.
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