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Kinnelon Marijuana Possession Charges Dismissed

Morris County Drug Crime Attorneys Near Me

Arrested for Drugs Kinnelon Help best defense attorney

Simple Possession of Marijuana in N

Recently, Travis J. Tormey represented a client who was charged with simple possession of marijuana in Kinnelon Municipal Court. Mr. Tormey was able to get Kinnelon NJ marijuana possession charges dismissed.

Mr. Tormey received the prosecutor’s discovery package, which included video evidence obtained from the arrested officer’s vehicle. Upon review of the evidence, it became very clear to Mr. Tormey that this was an unlawful search and that the evidence had been illegally seized from the defendant.

In this case, Mr. Tormey’s client had been pulled over for having a cracked windshield. When the police officer approached the vehicle, he allegedly smelled marijuana. The officer searched both the driver and the passenger, with negative results. At that point, the officer asked for consent to search the vehicle, informing the occupants that if they failed to consent to a search, he would “get the dogs” to search the car anyway.

The subsequent search of the vehicle is a prime example of an illegal search in NJ. NJ state law requires that the consent to search be voluntary. In State v. Johnson, an important case defining the limits of search-and-seizure law in NJ, the NJ Supreme Court declared that “an essential element of such voluntariness is knowledge of the right to refuse consent.”

Drug Defense Lawyers in Kinnelon NJ

In the case of Mr. Tormey’s client, at no point was she informed of her legal right to refuse to consent to a search of her vehicle. Beyond that, the police officer also failed to get her signature on a consent-to-search form which specifically advises a person of their right to refuse to consent.

With the evidence clearly indicating that this had been an illegal search, Mr. Tormey successfully filed a motion to suppress the unlawfully seized evidence. As a result, the charges against Mr. Tormey’s client were dismissed. This was the correct result in the case and a major victory for the Tormey Law Firm.

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Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400, Morristown, NJ 07960

(908) 336-5008 Directions

Areas we serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mount Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.

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