Police Cannot Arrest For The Purpose of Obtaining Evidence Without Probable Cause

A police officer in Hackettstown observed the defendant stagger across route 46 and enter a vehicle then proceeded to stop the vehicle and arrest the defendant for disorderly conduct and being under the influence. Upon placing the defendant under arrest he conducted a search of the defendant's person and discovered 2 bags of heroin on the defendant's person and defendant was ultimately charged with 3rd degree possession of a controlled dangerous substance, heroin, and being under the influence of a controlled dangerous substance (CDS) without a prescription. Defendant challenged the legality of the search and seizure and filed a motion to suppress the evidence but the motion was denied. The New Jersey Appellate Court reversed the trial court and held the officer did not have probable cause to arrest the defendant when he was simply a passenger in a vehicle. In finding there was no probable cause, the court order that the evidence obtained from the search incident to arrest was to be suppressed. If you believe your rights have been violated through an illegal search and seizure, you should consult an experienced criminal law attorney immediately. For more information on search and seizure, CDS, under the influence, disorderly conduct or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Possible Expansion of DNA Collection in NJ

If pending bill, S-436, becomes law, DNA collection will be expanded from those convicted of, or pleading guilty to indictable offenses. The new law would permit the collection of DNA to those convicted of disorderly persons offenses or found not guilty by reason of insanity. This means that those convicted, or entering guilty pleas, in Municipal Court would be required to provide a DNA sample. The law would also apply to juvenile offenders. This will greatly expand the DNA database and could have serious implications on members of society who have been labeled, by virtue of having a record from a low level municipal offense, as offenders of our laws. Minor offenders may be incriminated for future crimes by virtue of their DNA being found in an area they frequent for lawful purposes. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are charged with a crime, even if you believe it to be a minor municipal offense, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on criminal law or municipal court matters in New Jersey visit HeatherDarlingLawyer.com.

Conditional Dismissal May Be Expanding in a NJ Municipal Court By You

Conditional Discharge and Pre-Trial Intervention (PTI) permit first time offenders, in Municipal and Superior Court respectively, to undergo a period of probation rather than face the typical penalties for the crime committed. In the event they successfully complete the probationary period, the crime will not appear as part of their record. If they fail to complete probation successfully the underlying charges are simply reinstated and they will be sentenced to the appropriate penalties. Municipal Courts allow Conditional Discharge for certain first event drug related offenses and Superior Courts allow Pre-Trial Intervention for a variety of offenses for first time offenders. The unfair result for certain offenders in municipal court is they are subject to harsher penalties than those committing more serious offenses. The Conditional Dismissal program under consideration would permit defendants charged with disorderly or petty disorderly persons offenses the opportunity to avoid a criminal record. Conditional Discharge and Pre-Trial Intervention are good choices for some offenders but not for all. Your best choice is always to seek experienced legal counsel if facing criminal charges in Superior or Municipal Court. For more information on criminal law in New Jersey visit HeatherDarlingLawyer.com