Chris Terry was charged with a DUI, a class A felony dealing cocaine, a class C felony drug possession, resisting arrest, possession of a handgun without a permit and driving with a suspended license, in Clarksville, Indiana. Another man and woman were also in the car, in the man's pocket was $1,200.00 and near him was a large amount of cocaine. They were arrested for similar charges, including public intoxication. The arrest was made at a traffic stop early Wednesday morning when a police officer witnessed him driving erratically. Under Terry's his seat was a loaded handgun and in the cup holder next to him was some cocaine. Add to these elements that Terry is 6'5" and 295 pounds and that he allegedly refused to follow police instruction, this could certainly present a very dangerous set of circumstances. Terry is currently being held without bond.

Charges of DUI, drug possession, dealing, possession of a loaded weapon without a permit, resisting arrest and public intoxication carry serious penalties in every state, including New Jersey. This is quite a fall from Terry's football days. He attended the University of Georgia, and played for the Carolina Panthers, the Seattle Seahawks, and most recently, the Kansas City Chiefs in 2006 and 2007. It was reported that the Chiefs cut him for being absent from team meetings in 2007. The NFL suspended him from the 2008 season for substance abuse, after already having been suspended in 2003 drugs and a domestic dispute. Domestic violence and drugs are a common pair, and they should be taken very seriously.

In New Jersey, cocaine is considered a "Controlled Dangerous Substance," or CDS. As one example, this felony possession charge could lead to up to 5 years in jail and remain on your record permanently. If it is your first offense, you could be eligible for the Pretrial Intervention program, which can lead to a dismissal of charges after 1 year. One way to defend against charges of this nature is to question the method of the police search and seizure, or how the cocaine was discovered. The specific facts of the arrest are crucial in determining the best legal course of action.

If you have been involved in domestic violence, or charged with DUI, drug possession charges, weapons charges, or any of these crimes, it is crucial that you call an attorney immediately. Experienced attorneys can be reached at Chamlin, Rosen, Uliano and Witherington.

Braylon Edwards has had the rest of this week to practice with a clear mind for this Sunday's highly anticipated AFC Championship game. The Jets wide receiver, originally out of the University of Michigan, does not have to worry about jail time - what a relief! Though he did have to miss practice to appear in Court in Cleveland, Ohio on Tuesday to plead no-contest in person to misdemeanor aggravated disorderly conduct charges, he returned promptly to focus on preparation with his teammates.

The incident that led to these charges, of course, was punching a pal of fellow professional athlete, NBA Cavalier LeBron James, outside of a nightclub, while he was still a Cleveland Brown. He became a New York Jet player two days later. Judge Michelle Earley ruled that Edwards receive a $1000.00 fine, a 180-day suspended jail sentence, and that he be placed on inactive probation, meaning that he is not required to appear before a probation officer. Thankfully, his criminal record is otherwise clear, and though NFL Commissioner Roger Goodell could suspend him, an additional fine from the NFL is more likely disciplinary action.

In general, disorderly conduct charges usually provoke some sort of social disturbance, like fighting, public drunkenness, loitering, using loud and offensive language publicly, or somehow disturbing the peace. While in and of itself, disorderly conduct is not widely considered very serious, depending upon the circumstances and degree, jail time, community service and fines are all possible outcomes. Further, a disorderly conduct conviction could jeopardize your results if charged with any subsequent crimes.

Misdemeanors are usually low levels of crime convictions that carry less severe punishments, though jail time and heavy fines are certainly among the penalties. Misdemeanor charges are often included with more significant felony charges as a prosecutorial strategy. The facts and surrounding circumstances of your case determine what the prosecutor will charge and whether or not you may be convicted of a lesser charge or not.

Edwards initially pleaded "Not Guilty" and then changed his plea to "No Contest." In New Jersey, you may plead "Guilty," "Not Guilty," "No Contest" or "Mute" plea. Edwards, by doing so, acknowledged the charge but avoided admitting any guilt of the accused charge. There are pros and cons to each plea, depending upon the facts and circumstances of the accused, that may have a long term impact on your criminal record as well as your vulnerability to civil litigation.

Edwards is lucky in that his record is otherwise clean and it bodes well if in fact he wants to stay with the Jets. If you find yourself facing any charges like these, contact Chamlin, Rosen, Uliano & Witherington to ensure you go into Court prepared with the best legal representation possible.

Marijuana Laws Could Change in New Jersey

On Monday, the chronically or terminally ill in New Jersey came a step closer to finding relief in cannabis, legally anyway, with medical marijuana. Outgoing Governor Corzine stated that he would sign the bill approved by the legislature before he left office. Soon-to-be Governor Christie has given his support to the bill publicly, though he had a concern for loopholes that may be exploited for the purposes of drug abuse. The federal government, according to what Attorney General Eric Holder has been reported as stating, would not prosecute those who are abiding by medical marijuana laws of the state.

The requirements for New Jersey's version of the medical marijuana law is strict, including that patients have chronic pain, wasting syndrome, or 12 months or less to live if a physician determines that the illness is terminal. In addition, only specific illnesses or debilitating medical conditions qualify, including AIDS, multiple sclerosis and certain kinds of cancer. Patients with the selected diseases would be given an identification card permitting them to obtain 2 ounces of marijuana each month from dispensaries sanctioned by the state.

Marijuana legalization on the whole is no closer to reality, however. The current marijuana laws, presumably, would remain in place. While the lowest marijuana law is a disorderly persons offense, possession of less than 50 grams or merely being under the influence of marijuana is punishable by up to 6 months jail time and a $1,000.00 fine. If you are found to have more than 50 grams, that increases to 18 months and a $25,000.00 fine. Possession of paraphernalia alone can get you 6 months and $1,000.00. Distribution of less than one ounce can put you in jail for 18 months as well, and paying a $10,000.00 fine, while more than one ounce increases the jail time to 3 to 5 years and a $25,000.00 fine. If distribution within 1000 feet of a school bus or school property, or near public housing, public park or public building, or sale to a minor or pregnant woman is proven, these factors will significantly increase penalties and make some incarceration and fines mandatory.

Make no mistake: For the foreseeable future, marijuana is far from being legalized, outside of a narrow medical purpose. Be sure to know your rights.

If you have been arrested for any drug related offense, or have questions regarding this area of the law, call Chamlin, Rosen, Uliano & Witherington for a consultation right away.