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  1. #1
    Join Date
    Jun 2015
    Posts
    1

    Default Passenger Caught With Drugs and Paraphernalia After A Traffic Stop

    My question involves criminal law for the state of: New Jersey
    Ok so to make a long story short... A short time ago was my 18th birthday and me and two of my friends decided to go down to the beach. For the trip marijuana was knowingly brought and I had a bong (with resin) in one of my small nap-sack style gymbags. I was in the passenger seat with my other friend (18 years old) in the backseat and my 17 year old friend driving, unbeknownst to me and my friend in the back the driver had brought Adderall and anti-depressants and a possible Ecstasy powder mixture possibly chopped with other illicit substances.

    So anyway my driver friend tosses an old water bottle out of the window on a highway full of shore traffic and hits a undercover police cars' windshield and he immediately flashes his lights all while the car reaks of burnt marijuana from earlier that day. Frantically we spray knowing the inevitable. Cop comes up to passenger side window and asks for license and registration while yelling about how littering is a $2000 fine. driver hands license and registration along with PBA card. Officer yells about how he's going to revoke the card. Finally smell hits him and he says "where's the rest of the marijuana?" We reply there is none and such and we don't have any. He says "I smell it, don't make me get a K9 in here for probable cause. Give me the rest of the weed and we'll get rid of it and I'll make this go away."

    Officer repeats he'll make it go away two or three times more egging driver on. Driver thinking that the officer is being sincere due to PBA card, says ok and gets it out of the trunk. Officer takes the marijuana and takes driver to car then sits him in passenger seat and comes to get me and backseats passengers ID, he takes mine and my other friend left his at home so he takes a name and address. Time passes as we sit there with hands on dash for about ~1 hour-1.5 hours. More officers show up, handcuff me and my backseat friend after removing us from the vehicle. Driver says he "takes responsibility for everything in the vehicle".

    Cops go to remove my bag (gym bag mentioned earlier) from the car and bring it to me and my backseat friend as we sit on the guard rail next to the highway, they ask me if it's my bag, I reply no because the decision had been made earlier that me and my backseat friend say no to both of our bags since he only had alcohol and i had a bong with resin in it, my driver friend already got a paraphernalia charge for scales and marijuana vape pens that were already found in the car and he's a minor so he tried to add on the bong since he already has so many things.

    Anyway the cop takes the bag over to my driver friend in another car and he asks the same question to which my driver friend says no at first, then remembering says oh wait yes that is my bag i take responsibility and he repeatedly says it is my bag, the cop sees whats happening and takes bag back to me in which case i saw it as my driver friend saying you take it, so I say yes the bag and contents are mine and you can search it and i signed a forum. Cops search it find bong and arrest me, I wash charged with 2C:35-10(A) 4 and 2C:36-2 (posession under 50 grams and paraphernalia). A

    nyway eventually we were all let go, but now I have a court day very soon and all three of us are nervous about college now due to this predicament since, all three of us are going to college and one is Valid Victorian and going to an Ivy League. None of us have ever had any previous charges, but in my case I am concerned because I am 18 and that was my first day being 18, not the greatest memory, but do I have any options and if so what? I don't want to have to use legal counsel if I don't need to for cost, but this is hard because I can see how I could get a conditional discharge, but then I would lose my license for 2 years which I need for school since I will technically be a commuter. I don't know if I should just plead not guilty and try to talk to the prosecutor or what because I'm a bit out of my element here. Any and all answers or info are greatly appreciated.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: A Birthday Consisting of Possession and Paraphernalia

    The officer had the reasonable suspicion necessary to make the stop when his car got hit with the trash. The officer had probable cause to get a search warrant based on the car “reeking” of marijuana if he had not gotten the consent from the various persons in the car to do the search. But since consent was given, the probable cause and warrant aren’t issues here. You ultimately admitted the bag was yours and gave the cop consent to search it. In short, I don’t see anything obvious here for a good defense on possession charges. While possession of pot is hardly the crime of the century here, it can pose problems for you if you are convicted. You’re not likely to have to do any jail time over this. However, there are some consequences beyond what punishment the court hands out that you want to think about. Your college might revoke its acceptance. You might have trouble qualifying for some kinds of student aid. Some employers will not want to hire someone with a criminal drug record. If you want the best outcome here, hire a criminal defense attorney to represent you. Yes, it will cost you a fair chunk of money for that. If you didn’t want to have to deal with all this, you and you friends should have avoided illegal drugs. Having drugs with you in a car is a foolish thing to do since more people are got on possession charges from drugs in their car following a traffic stop than anything else.

  3. #3
    Join Date
    Jun 2014
    Posts
    185

    Default Re: A Birthday Consisting of Possession and Paraphernalia

    Quote Quoting Taxing Matters
    View Post
    If you didn’t want to have to deal with all this, you and you friends should have avoided illegal drugs. Having drugs with you in a car is a foolish thing to do since more people are got on possession charges from drugs in their car following a traffic stop than anything else.
    Better yet, don't throw bottles out of car windows. These people should have kept the bottle inside the car, until they got to a trash can.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: A Birthday Consisting of Possession and Paraphernalia

    You have three young men in a vehicle heading down the Jersey Shore and in that vehicle they bring along with them:
    marijuana
    a bong (with resin) (and in a gym bag no less)
    Adderall
    anti-depressants
    Ecstasy powder mixture possibly chopped with other illicit substances
    And then:

    So anyway my driver friend tosses an old water bottle out of the window on a highway full of shore traffic and hits a undercover police cars' windshield and he immediately flashes his lights all while the car reaks of burnt marijuana from earlier that day
    Are you telling us the truth or did you get this from some television show that you watch, because this shit is PRICELESS!

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Passenger Caught With Drugs and Paraphernalia After A Traffic Stop

    Quote Quoting Marky1997
    View Post
    one is Valid Victorian
    Really?

    How'd you manage to get accepted to a college?

    How'd you manage to even graduate high school?

  6. #6
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Passenger Caught With Drugs and Paraphernalia After A Traffic Stop

    Quote Quoting adjusterjack
    View Post
    one is Valid Victorian

    Really?

    How'd you manage to get accepted to a college?

    How'd you manage to even graduate high school?
    That would be Benjamin Disraeli, right?

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