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Old 05-04-2009, 06:58 PM   #1
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Default I was arrested for usage of marijuana! what am i going to get?

I live in new jersey, this is my first offense. I didnt have anything on me, but my friends did. All im being charged with is Being under the influence of weed. I never admitted to being high, but the cop looked at my eyes and said I was. Do you think my charges will be dropped or will I get a conditonal discharge? Im not going to have a lawyer though.
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Old 05-04-2009, 07:18 PM   #2
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I live in new jersey, this is my first offense. I didnt have anything on me, but my friends did. All im being charged with is Being under the influence of weed. I never admitted to being high, but the cop looked at my eyes and said I was. Do you think my charges will be dropped or will I get a conditonal discharge? Im not going to have a lawyer though.
First time offenders usually receive a conditional discharge if they complete a program that is offered by the Court.

Perhaps you might want to comment on the "red eyes" thread to all the posters who said that they will never get busted from the objective observation of the eye by a trained Drug Recognition Expert.
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Old 05-04-2009, 07:31 PM   #3
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Perhaps you might want to comment on the "red eyes" thread to all the posters who said that they will never get busted from the objective observation of the eye by a trained Drug Recognition Expert.
I think some of those people believed that a cop wouldn't be able to tell by merely just seeing that they have red eyes.. not taking into account the light tests and eye movement tests.

I did a little google-ing, jk15 and found a site that says Drug Recognition Experts are not recognized by the courts in NJ. Drug Recognition Expert Defense, DRE
Not sure how accurate it really is.. or if the info is outdated, but it might be worth a read.

I hope it all works out for you.. this is your first offense so hopefully they will go very light indeed.
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Old 05-04-2009, 07:22 PM   #4
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I dont see anything on NORML about USE. The only offense I see even close to that is paraphernalia use.

You might want to try and locate the penal code that references use of marijuana as an arrestable offense, you could have been wrongfully arrested? Not sure, bummer though.
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Old 05-04-2009, 07:24 PM   #5
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I dont see anything on NORML about USE. The only offense I see even close to that is paraphernalia use.

You might want to try and locate the penal code that references use of marijuana as an arrestable offense, you could have been wrongfully arrested? Not sure, bummer though.

i did, when I looked up the code, it says under the influence of a illicit drug also known as Marijuana. something like that
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Old 05-04-2009, 07:32 PM   #6
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What was the PC? That sucks heh...
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Old 05-04-2009, 07:36 PM   #7
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What was the PC? That sucks heh...

2C:35-10b
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Old 05-04-2009, 07:40 PM   #8
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2C:35-10b
Man that is LAMEx50.

Did you read this?

NJ Criminal Law- Recent Cases: Marijuana 2C:35-10
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Old 05-04-2009, 07:44 PM   #9
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Originally Posted by kontroversy View Post
Man that is LAMEx50.

Did you read this?

NJ Criminal Law- Recent Cases: Marijuana 2C:35-10


so should what evidence should I bring to get a conditonal discharge?
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Old 05-05-2009, 12:56 AM   #10
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You really got nothing to worry about, especially for first time offense.

When you get to court, make sure to ask for a "Dispositional Plea" it's not a guilty or not guilty or no contest, it's none of those, by entering that plea your just saying that, if you don't have any police encounters or you don't get in any kind of trouble with the police, usually for three months, they just drop the whole thing like it never happened. I know because that's what happened to me, and that's what my lawyer told me to do, and it worked.

But, you can always stay safe by hireing a lawyer.

Good luck.
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