Possession and Paraphernalia in New Jersey
My question involves criminal law for the state of: New Jersey
My friend was driving his mom's car in NJ, he was speeding. He got pulled over for speeding, we couldn't find the registration for the car, the cop asks us to check the center console, he said he already checked it, the cop asks again and again to check it. We both reply the second time, "already checked it", finally, he checks it, the cop sees a baggy filled with less than a gram, he asks us to step out of the car, we both get searched and he finds nothing on both of us, he handcuffs both of us he said "for the safety of them". He asks me if i knew there was marijuana in the car, I said "No" They ask the driver, my friend, and he says "We were driving people around all night, I don't know whose it is." They arrest us both and search the car, they find a glass pipe underneath the passenger seat (which was my seat). They took us to the police station and wrote our reports. I hired an attorney who was a former prosecutor for the state of NJ, and he seems pretty confident that it should get dismissed for me because I never incriminated myself and I did not have anything on me. The marijuana was found in the center console and the pipe was found under my seat. I've been reading previous cases and am I right in assuming that to prove constructive possession the paraphernalia or marijuana must be not hidden? In this case, should I pretty much be able to get off scott-free? My record is clean except for an underage that I received in Pennsylvania and took a class for, the lawyer also said that this would not affect anything, including the possible conditional discharge if I was indeed convicted.
Re: Possession and Paraphernalia in NJ
Your attorney knows the specifics of your case, he is the only one that you should be asking questions to at this point. We can't tell you if you are going to get off scott free or not.