Wandering / Loitering Charges After a Drug Arrest

A person in New Jersey was detained by a police officer on a train station platform for allegedly looking stoned. The person was arrested and, upon being searched, was found to be in possession of drugs and paraphernalia. The prosecutor reduced the initial possession charges to a charge of wandering, but due to the defendant's extensive criminal record they're asking for a sixty day jail sentence as part of any plea agreement. Could the defendant beat a wandering charge based on the facts that he was not engaged in any drug use or transactions when observed by the police?

If the charge has already been reduced, then the person should speak with his lawyer about possible defenses to a wandering charge. If the reduction would be part of the plea agreement, then it's a matter of negotiation.

Quote:

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Quoting NJSA Sec. 2C:33-2.1: "Public place" defined; loitering to obtain or distribute CDS is a disorderly persons offense

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1. a. As used in this section: "Public place" means any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library or any other public building, structure or area.

b. A person, whether on foot or in a motor vehicle, commits a disorderly persons offense if (1) he wanders, remains or prowls in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance or controlled substance analog; and (2) engages in conduct that, under the circumstances, manifests a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog.

c. Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog includes, but is not limited to, conduct such as the following:

(1) Repeatedly beckoning to or stopping pedestrians or motorists in a public place;

(2) Repeatedly passing objects to or receiving objects from pedestrians or motorists in a public place;

(3) Repeatedly circling in a public place in a motor vehicle and on one or more occasions passing any object to or receiving any object from a person in a public place.

d. The element of the offense described in paragraph (1) of subsection b. of this section may not be established solely by proof that the actor engaged in the conduct that is used to satisfy the element described in paragraph (2) of subsection b. of this section.

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If the defendant was at the station to catch a train, had a ticket, and was proceeding in a normal manner to the platform for boarding, then the defendant appears to have a strong defense to the loitering charge. If the defendant had no ticket, was hanging around the platform for a lengthy period of time, and the platform is a known location for drug transactions involving the type of drugs possessed by the defendant, the defense is weaker. Most other sets of facts will fall somewhere in the middle.