New Jersey Criminal Lawyer Blog

Drug tests results carry a lot of weight in a courtroom. They are a requirement of any prosecution of a drug related crime. A scientist at NYPD forensic lab tech has been accused of falsifying drug test results and suspended when a trial was stopped due to concerns about her testimony. Mariem Megalla is reported to have mislabeled samples as positive, and failing to retest negative samples and marking them positive to save herself the work. The media has reported the details of her mishandling, misdeads and omissions. With 180 open felony cases from this year alone, this could rock the criminal justice system for the near future, possibly triggering appeals where possible. The Quality Control staff of the NYPD uncovered her alleged botched tests. This is not the first time that the forensic labs have been accused of sloppiness, laziness or incompetence, the most recent of which was in 2006.

This is a very serious matter because it puts the reliable of the state's evidence at stake. In a case involving drugs, the police cannot claim a substance is, for example, cocaine, without having it tested. Here is a hypothetical example: A car is stopped and police located packs of white powder, which they believe to be cocaine in the backseat of the car. The suspect can be arrested and charged with possession of cocaine; however, the state must prove that substance in cocaine at the time of trial in order to obtain a conviction. In this matter, it appears a lazy lab tech has put the state in a bind. If the substance was not properly tested defense counsel will move to have the evidence suppressed and then State will have no case to prove. This may turn out to only be an isolated incident, but every New York attorney that had a case where Ms. Megalla was the lab tech will surely be seeking that the State verify the results. Of course, a good attorney defending drug charges will examine the veracity of forensic evidence.

An overzealous wrestling fan has reportedly been charged with four counts of fourth-degree threatening, one count of second-degree harassment and two counts of second-degree threatening for making threatening phone calls to the WWE headquarters. Zavr Peygumbari was apparently upset over the release of one of his favorite wrestlers, former female champ Mickie James, when he called the WWE offices in Stamford, Connecticut to make numerous threats, including reportedly over 20 phone calls. Peygumbari was arrested on Friday and held on $250,000.00 bail before it was reduce in an arraignment and bail hearing on Monday. According to Court documents, New York Police have described the 22 year old man as "emotionally disturbed." He has previous marijuana charges in his file as well. His defense attorney described him as a fervent fan who would not follow through on threats.

This is a classic example of someone being overzealous and now having real legal troubles due to his charges. Peygumbari could be facing prison time with his second-degree charges, but it sounds like he might have been given the ultimate punishment in his release on bail, he was banned from attending an future WWE shows. This is not that uncommon in criminal law that a person would be banned from victim contact pending the outcome in the case; however, in this matter the "victim" just happens to be a large company.

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.