Another successful marijuana possession defense case this week. I beat so many of these marijuana cases it’s hard to find time to write about them all, but here goes:
A client was charged with NJSA 2C:5-10(a)(4) [possession of under 50 grams of marijuana] and the companion charge of NJSA 2C:36-1 (Possession of Drug Paraphernalia). These charges were out of the Princeton, NJ municipal court. He was stopped for an expired inspection sticker and the cops smelled the recently-smoked pipe/bowl in his pocket, and he gave the cops written permission to search his car (a big mistake that I have addressed in previous blog posts).
I was retained early in the case and served a detailed demand for discovery on the municipal prosecutor. My demand included a request for all NJ State Crime Lab reports, wherein the alleged drugs seized from defendant are chemically tested by the NJ State Police Crime Lab to prove that they are indeed what the State of NJ says they are.
The State was unable to produce the lab reports in a timely fashion, and as such could not prove that the alleged “green vegetation” seized from the defendant by the police was actaully marijuana. Remember, under the US Constitution it is always the State’s obligation to prove your guilt, not your job to prove your innocence. Without notarized lab reports, the State has no ability to prove in Court that the substance is an illegal drug.
As a result of not getting the lab reports, I argued successfully before the Municipal Court judge for a dismissal of both drug charges. I filed a motion based on State v. Holup to dismiss based upon the State’s failure to provide defense counsel with the lab reports in a timely fashion prior to trial. The charges of NJSA 2C:5-10(a)(4) [possession of under 50 grams of marijuana] and the companion charge of NJSA 2C:36-1 (Possession of Drug Paraphernalia) were both completely dismissed pursuant to my Motion.
This case illustrates the value of a skilled and experienced NJ Marijuana Defense attorney. It often means the difference between an expensive amount of fines and criminal record/probation/community service vs. walking away clean as a whistle. Call me today at 908-782-5313 to discuss your charge of NJSA 2C:5-10(a)(4) and let me help you win YOUR case. ALWAYS remember, the State of NJ has the burden of proving that the substance is indeed marijuana based on a laboratory test. An experienced lawyer knows exactly what to demand and how to get the case dismissed if the State doesn’t comply.
So don’t go it alone- put my marijuana defense experience to work for you. My clients often SAVE much more in fines than what my attorney fees cost, plus avoiding probation and possible jail time. Call 908-782-5313 for a free consultation, even on nights or weekends.