Recently in Non-indictable Category

March 11, 2011

A Pound, or 585 Grams, More or Less... is a Big Deal!

One pound of most things is not a lot. A person can lose a pound in a day fairly easily, and gain one as well. But 585 grams, just over ½ of a kilogram or approximately one pound, when it comes to a controlled substance, is all it takes to get yourself in very, very hot water. Two nineteen year old men are certainly in some trouble for allegedly being found with an open container of alcohol, underage drinking, and interestingly, exactly 585 grams of marijuana while in their car in Brick, New Jersey.

Let's be clear: when it comes to pot, there are really only two options. The first is possession of under 50 grams, in which the charge is a disorderly persons offense (non-indictable, although you will be arrested, booked, and arraigned). The second is possession of over 50 grams. This one, considered intent to distribute, is, according to N.J.S.A 2C:35-10, a crime of the fourth degree, and can carry with it a fine of up to $25,000.00. It gets even better: possess drugs within 1,000 feet of a school zone, and if you're not imprisoned (as defined by the penal code), you'll have a mandatory 100 hours of community service you'll have to complete.

When it comes to determining whether or not there was intent to distribute, the factor most largely examined by the court is the amount of the drug that was seized by police. Someone caught with 30 grams of pot is more likely to convince a judge that it was for personal use than say, someone caught with 585 grams (about one pound). Some even try to argue that their 200+ grams of marijuana in the freezer bag in their desk drawer is for personal use, and that they just prefer to "stock up". Your personal preference of keeping a full stash is simply not persuasive or relevant for legal purposes.

In a Court of law, even with an attorney, that approach will not work. In fact, the New Jersey law allows an individual to possess a relatively large amount of marijuana, 50 grams. It's extremely unlikely that someone who possesses over two ounces of pot would have it and keep it to avoid the inconvenience of seeing their distributor or dealer once a week.

The bottom line? Possession of pot in excess of 50 grams will get someone in a whole lot more trouble than an amount under 50. So if police find you in possession of any pot/marijuana or any controlled substance, call a lawyer, obtain legal counsel, retain an attorney immediately. A good attorney will examine the details of your case, including method of arrest, search, seizure, and measured amount of controlled substance, among other aspects that might affect your welfare and determine the most appropriate legal strategy for your defense.

May 21, 2010

This Attorney's Hobby Became Criminal: Unlawful Surveillance

This Georgia attorney practices tax law, but he now will get an education in criminal law. According to his website, Mr. Tenney enjoys photography in his spare time. It seems that the hobby occupies his working time as well. A female employee of his allegedly found a camera hidden under her desk. Also a CPA, Mr. Tenney spend 2 hours in jail, before being freed on $10,000.00 bail.

This case is a good illustration of what it means for a defendant to be charged with numerous counts. Many people often wonder why some crimes warrant multiple counts. Does that make the crime more severe? This is a common misconception which an attorney can easily clarify and defend against.

The severity of a crime is measured in degrees. Though you might hear the terms "felony" and "misdemeanor" on Law and Order, these terms of art are not used in New Jersey. Instead, the terms "indictable" or "non-indictable" are used. For example, a 1st degree case is the most severe and a 4th degree the least with respect to indictable crimes. Non-indictable crimes are typically lesser crimes, and frequently occur in municipal court. Non-indictable crimes are classified as disorderly person offenses.

The phrase "multiple counts" refers to how many times the crime is committed. Each instance an accused person allegedly commits a crime equates to one count, even if it was the same victim and same action repeated. This surveillance case alleges that the victim was recorded on three different occasions. As such, there are three separate counts relating to the different dates on which the Defendant allegedly recorded the victim without her knowledge. A skilled attorney should be hired at the first possible moment, to sort through the requirements of each degree of a charge and whether or not there is proof that they are met, as well as the circumstances that generated the multiple counts.