Our office recently defended a client who was pulled over while driving his car and cops alleged that they smelled marijuana and then searched the car because new case law gives New Jersey police probable cause to search cars based on marijuana smell. After searching the vehicle police found a small amount of marijuana and charged our client with simple possession of marijuana, a disorderly persons offense. Our client had no prior record and was adamant about fighting the case to try and avoid a conviction. We began preparing a thorough defense by requesting all the discovery (evidence) from the police and prosecutor. The state was able to produce the police report and ancillary documents fairly quickly but had trouble retrieving the lab results for the alleged marijuana seized after we requested they produce to try and prove the allegations against our client. After they failed to produce the lab results after numerous appearances and several months, we argued a motion to dismiss to the judge based on a lack of prosecution since the state could not meet its burden. After hearing the motion the judge agreed and dismissed the case in its entirety. Our client was able to walk out of court without facing any penalties or paying any fines. If you have been charged with possession of marijuana then it is important you contact an experienced attorney who may able to challenge the case against you in furtherance of a dismissal.
State v. J.C. decided on 9/21/16
