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Do i need a criminal atty.

Holmdel, NJ |

i am 20 years old college student going to school for criminal 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.

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Attorney answers 9


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.


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 the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


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.


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
Skype username: EricMarkEsq

Please excuse typos: sent from a portable device



what is a possible verdict that is goin to be charged with me? am i gonna get a conditional discharge or am i gonna be going to jail? what most likly gonna happen

Eric M. Mark

Eric M. Mark


This is a lot of questions and requires a long explanation. 35-10a1 is an indictable offense to be heard in Superior Court (where there is PTI, but not conditional discharge), but is often sent back to the municipal court (where there is conditional discharge). However, PTI and CD are once in a lifetime programs and you do not want to be on probation, pay the fines and waste your one opportunity if you have a viable defense that could get the charge dismissed or result in a not guilty. I understand you are a student and money may be tight, but this is too important not to get help from friends and family. This decision will affect the rest of your life.


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 (732) 412-2364


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.


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


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.-


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 between us. It should be further understood that while I am doing my best to answer your question based upon the information you provided, I do not have the complete facts and my answer might well be different, if I had more complete information. For these reasons, it is always best to consult either in person or by telephone with a lawyer and discuss your issues in detail.

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