Defendant Caught with More Than a Pound of Marijuana Accepted into PTI

Image result for marijuana poundMr. Oliver has just finished defending a client that was charged with possession of marijuana with the intent to distribute, possession of mushrooms and possession of drug paraphernalia. Like almost all other drug related charges in New Jersey, the charges arise out of a motor vehicle stop in which the Defendant was alleged to have failed to maintain his lane. The Defendant and his passenger were almost immediately removed from the vehicle because the officers asserted there was an overwhelming smell of marijuana emanating from inside the vehicle. A subsequent search of the Defendant’s motor vehicle was conduct and more than a pound of marijuana, less than a half ounce of mushrooms and digital scales were located in the trunk. In addition, more than $6,000 in cash was located as well. The Defendant and his passenger were both placed under arrest and charged with various drug offenses. The charge of greatest concern for us was the possession of marijuana with the intent to distribute. They were charged with a third degree felony because the marijuana was over a half ounce but less than five pounds. So, the Defendants were facing up to five (5) years in a State prison, a fine up to $35,000, a felony criminal record and a potential six month loss of license on the marijuana charges alone.

Once the discovery was provided it became immediately apparent that the prosecution was going to have some serious difficulties justifying the validity of the motor vehicle stop. When we appeared at the Defendant’s Pre Indictment Conference (PIC),  we were able to discuss the specific search and seizure issues that we had uncovered while going through the Defendant’s discovery. After several appearances and lengthy out of court discussions, we were trying to convince the prosecution that based on the serious issues, that the Defendant should be placed into the Pretrial Intervention Program (PTI). PTI is a diversionary program in New Jersey. If a Defendant is accepted and if they successfully complete the probationary period, the charges will be outright dismissed. The State finally agreed and the Defendant was formally placed into the PTI program for a term of one years. He now as the ability to walk away from these charges without serving a day in jail and without a criminal record.

Marijuana Distribution Charges in Mercer County New Jersey

If you have been arrested and charged with a drug charge in Mercer County, the attorneys at Proetta & Oliver can help. Our team of criminal defense attorneys possess the knowledge and skill set needed to pinpoint and exploit potential search issues. If you have been charged with marijuana distribution, cocaine possession, heroin possession or possession of heroin with the intent to distribute, in Mercer County, the attorneys at Proetta & Oliver can help. We serve all of Mercer County, including Hamilton, Lawrenceville, Hopewell, Robbinsville, Hightstown, Trenton and West Windsor. For a free initial consultation, please contact us at (609)789-0779 or leave us an email.

State v. M.C.