Hackensack NJ Possession of Marijuana Possession of Drug Paraphernalia Aggravated Assault on Officer and Resisting Arrest Charges Dismissed
NJ Drug Crime Defense Lawyers
* Results may vary depending on your particular facts and legal circumstances. *
NOTE: This matter was handled prior to the legalization of marijuana in New Jersey.
Ms. Hascup’s client, a school administrator in NYC, was home in her apartment on a Friday evening when police arrived, claiming that someone in the apartment building reported the smell of marijuana. Her client did not want to grant police entry into her apartment without a warrant (smart girl!). So, she told the officer to leave and tried to shut the door. The officer claimed that she attempted to shut the door on him and then placed her under arrest for assaulting him. The officer then claimed to get “consent” to search the apartment from her client’s boyfriend (not a co-habitant – can’t consent!) and found a VERY small quantity of marijuana and a pipe. Ms. Hascup’s client was charged with Possession of Marijuana, Possession of Drug Paraphernalia, Aggravated Assault on a Law Enforcement Officer (which was downgraded to Simple Assault), and Resisting Arrest.
Most concerning for Ms. Hascup’s client was the effect that ANY plea would have on her employment. She hired Ms. Hascup to attack the State’s case and put her in a position to achieve the best possible outcome.
Ms. Hascup appeared in court where she immediately requested an opportunity to speak with the municipal prosecutor and the arresting officer (who turned out to be a Detective with the Narcotics Squad). She spoke with them both and highlighted ALL of the issues with the case, including that the marijuana and the paraphernalia would likely be suppressed due to the constitutionally invalid search and that it was highly inappropriate for the officer to essentially force his way into the home of a younger female who was only attempting to assert her rights. Ultimately, the State agreed to dismiss ALL of the criminal charges in exchange for a guilty plea to a local ordinance (a noise violation) – equivalent to a traffic ticket. The client paid a fine and was able to preserve her employment without issue.
It was an outstanding outcome.
