Marijuana Possession Lawyers Morris County NJ
Possession of Marijuana under 50 grams, Disorderly Persons Offense
Marijuana Charge Dismissed Mendham NJ
The Morris County NJ marijuana lawyers at the Tormey Law Firm LLC appeared on a possession of marijuana case in Mendham Township Municipal Court this week in Mendham NJ. Our client was charged with possession of marijuana under 50 grams, a disorderly persons offense (misdemeanor), which is punishable by a $1,000 fine, up to six (6) months in the Morris County Jail, probation, a permanent criminal charge on your record, and a driver’s license suspension of six (6) months to two (2) years. The client retained the Tormey Law Firm to fight these drug charges and get the best possible outcome for him in court.
We received the initial discovery package (police reports, evidence, etc.) but had been waiting on the lab reports for months. In a drug case in NJ, the State must send the marijuana to the State police lab for testing and provide a lab report showing the results to the defense and the judge. Otherwise, they can’t prove that the substance that the defendant had in his possession was in fact marijuana. The lab is typically taking a minimum of 3-4 months to get the lab results back. In this case, after that time had passed, our marijuana defense lawyers asked the Judge for a Holup order pursuant to State v. Holup which requires the State to provide discovery and, if they fail to do so, then sanctions can be imposed (such as exclusion of the evidence that hasn’t been produced). The Judge agreed and signed the order requiring that the missing lab reports be provided within 30 days.
When we appeared in court again after the time period had expired and the State still did not have the lab reports back, we asked the judge to exclude the lab reports and dismiss the case. The Judge granted our motion and dismissed the case. Now, the client is eligible to file an automatic expungement to remove the arrest from his record. This was a great result for our client and the Tormey Law Firm LLC.
If you or a loved one needs assistance with a marijuana charge in Morris County NJ, contact our offices anytime for immediate assistance at 908-336-5008. The initial consultation is always provided free of charge.
