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First Drug Charge in NJ, first court date is tomorrow and I'm confused and scared

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drug

Junior Member
What is the name of your state (only U.S. law)? New Jersey
This is the only legal trouble I've ever been in. I can't afford a lawyer. I plan to apply for a public defender however as far as I understand that doesn't count for the traffic tickets.
Was pulled over for going 43 in a 35 (I was only speeding for a couple seconds, I was going the speed limit already by the time the cop pulled me over).
Cop accuses me of being high (I was 100% sober, hadn't even spoken a word to him yet...). He asks me to step out of the car, asks me what medications I take and when I last took them (Lexapro and Methimazole; two prescribed medications and the last time I took them was about 24 hours prior).
He then says he smells weed and asks if there's anything in the car. I tell him that as far as I know there isn't, and that the car is my mom's. He searches the car and us (it was me driving and two passengers).
He doesn't find anything but he does find paraphernalia on me (an empty dime bag with residue in my purse I was stupidly unaware I even had, and cellophane papers) and passenger 1 (an empty grinder and a cigarillo).
He asks passenger 2 if he is intoxicated; passenger 2 responded that he smoked marijuana about an hour prior.
We were all arrested. Right before passenger 2 was arrested, he pulled a digital scale out of his sock. After they took him to the station and searched him, they found an ounce of marijuana tucked in his boxers. They asked me how I didn't smell it on him and I told him I just assumed it was because he smoked earlier, like he told me.
I (the driver) was charged with:
Possession of Paraphernalia for papers and an empty bag with residue
Operating a Motor Vehicle while in possession of CDS (because a person in the vehicle I was driving was in possession of marijuana)
Careless driving for speeding 43 in a 35 and briefly speeding when I turned the street before slowing (unsure what mph I was going but I'd assume 30-35)
Obstructing a Windshield for having a GPS
I need a public defender and my court date is tomorrow for all the charges. I can't lose my license for two years. But I don't know what the hell I'm doing.
I know at the very least that they have to prove I knew there was CDS in the car to charge me with operating a MV with CDS, and the burden of proof is on the state. I also think that I made it pretty clear I was unaware it was in the car.
Can someone explain what the court process will be like to me? I've gone twice but the dates/locations were postponed and switched so this will the first official date. Does anyone have advice? Tips?
 


FlyingRon

Senior Member
It matters not that you were not speeding by the time you were pulled over. You are expected to obey the law at all times. The fact he observed you speeding at any point is more than sufficient cause for the stop.

Understand you are charged with way more than a traffic ticket. Plead not guilty unless your lawyer tells you otherwise. Don't run your mouth off to anybody. Keep it shut until instructed by your lawyer. You can get jail time on the paraphernalia and possession charges. Your license WILL be suspended for six months (and yes possibly up to two years). You've got no defense to the speeding it would seem. The blocked windshield charge is bull**** and easily defeated, but it's also the weakest of things against you.
 

HighwayMan

Super Secret Senior Member
I can't lose my license for two years.
Don't drive with drugs in your car and you won't have problems. In addition, don't use drugs or hang out with drug users and you won't have to worry about future trouble.

When you go to court ask for a public defender - the court will then decide whether you qualify.

You're in some serious trouble and I don't see you getting out of it without an attorney.
 

Jordholm

Junior Member
Obviouslt

You aren't helping this person. They obviously know that they have done something wrong and they haven't denied anything. They can't change the past and reminding them isn't "advice". Get a thrill off of something other than chastising people on the internet. If you wanna help this person and give them advice, that's one thing...but telling them what they did wrong isn't helping anyone. They are fully aware they are in trouble and facing the consequence.
 

quincy

Senior Member
You aren't helping this person. They obviously know that they have done something wrong and they haven't denied anything. They can't change the past and reminding them isn't "advice". Get a thrill off of something other than chastising people on the internet. If you wanna help this person and give them advice, that's one thing...but telling them what they did wrong isn't helping anyone. They are fully aware they are in trouble and facing the consequence.
Both FlyingRon and HighwayMan offered the only advice that could be offered someone who comes to the forum at 4:51 pm on the day before he is to appear in court on a drug charge.

And, quite frankly, you are not exactly helping the poster named "drug" by chastising forum members who on a regular basis take time out of their days to volunteer on this forum.
 

HighwayMan

Super Secret Senior Member
Thank you quincy.

Not to mention the fact that the OP had her court date 16 days ago and unless she returns to update us and/or ask for additional advice further posting in this thread is rather pointless.
 

Zigner

Senior Member, Non-Attorney
You aren't helping this person. They obviously know that they have done something wrong and they haven't denied anything. They can't change the past and reminding them isn't "advice". Get a thrill off of something other than chastising people on the internet. If you wanna help this person and give them advice, that's one thing...but telling them what they did wrong isn't helping anyone. They are fully aware they are in trouble and facing the consequence.
And your post helps the OP how? :rolleyes:
 

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