Lack of Consent to Search Permits Withdrawal of Guilty Plea in NJ

Police received a tip from an informant about two black males selling drugs out of a car belonging to defendant. When police located the vehicle at the location provided, they notified defendant of their belief there were drugs in the trunk and requested permission to search. Upon denial of consent to search, officers proceeded to open the trunk and located the drugs the informant stated they would find. After entering a plea of guilty to two counts of third-degree possession of a controlled dangerous substance (CDS) with intent to distribute, the defendant moved to withdraw his guilty plea. In spite of the fact defendant may have been notified of his right to file a suppression motion, and that his right would be waived by entering a plea of guilty, defendant chose to plead guilty. Defendant later filed a motion to withdraw his guilty plea. After the Court below denied the defendant the relief sought, the New Jersey Appellate Court found that the Motion to withdraw the plea should have been granted. Defendant's appeal was granted on his contention that he did not consent to the search of the trunk of his car. Defendant claimed that he expressly denied consent to open the trunk of the car but the police did not honor his rights. Because the search may have violated defendant's rights, granting defendant's motion to withdraw the guilty plea was appropriate. 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 face criminal charges as a result of an illegal search, you should consult an experienced criminal defense attorney immediately in order to protect your rights. For more information regarding illegal search and seizure, 4th Amendment rights, drug charges or other criminal law matters, including municipal court matters, in New Jersey visit HeatherDarlingLawyer.com.

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.