Hackensack NJ Possession of Marijuana Possession of Drug Paraphernalia Aggravated Assault on Officer and Resisting Arrest Charges Dismissed
Hackensack NJ Criminal Defense Lawyers
My 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. My 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 my client’s boyfriend (not a co-habitant – can’t consent!) and found a VERY small quantity of marijuana and a pipe. My 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 my client was the effect that ANY plea would have on her employment. She hired me to attack the State’s case and put her in a position to achieve the best possible outcome.
I appeared in court where I 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). I spoke with them both and highlighted ALL of the problems with the case, including that the marijuana and the paraphernalia would likely be suppressed on an illegal search issue 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 constitutional 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. My client paid a fine.
It was an outstanding outcome.