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Crack possession ?

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mrszwatson

Junior Member
Trenton, NJ:

My fiancée was walking down the street and 6 squad cars pulled up on him and I guess searched him, he had a unpaid fines warrant ($1,700) and they took him to the police station. Before they took him, I guess they searched him, and they found 3 little baggies of crack cocaine. The crack was fake, it was candle wax by the way, I don't know if that matters, cause from what the cops told him, it didn't matter.

He got there on 2/18 and is still currently sitting at the city lock up, cause it was indeed the weekend, and tomorrow is a holiday, so his court date is on Tuesday! Well he got his bail set at $20,000 full. They are trying to charge him with I guess possession? I'm not sure, but he did tell me they are trying to charge him with the whole 1000 ft. within a school thing.

He was not selling anything! He was walking by and the cops just stopped him, simply because it's a high crime neighborhood. And days prior there was a shooting and a lot of drug dealers got locked up.

My question is, what can they do to him? And what is he going to get charged with, and how much imprisonment time can he get, if any? This is his first offense, they want to charge him with felony charges, and he has no prior felony charges, only mis. for theft, and I'm thinking disorderly persons?

And I am currently 32 weeks pregnant, and this is so stressful, if I don't get someone to bail him out, is it possible for him to miss his first child's birth in April? What is the name of your state (only U.S. law)?
 


FlyingRon

FlyingRon

Senior Member
He needs a lawyer.

If he's charged with distribution, it doesn't matter if it was fake crack.

This is serious.
 
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mrszwatson

Junior Member
Well, we can't afford a lawyer. What will a public defender do for him? Can the charges get down graded because I don't even think he is going to Superior court, he is going to the municipal court where he is being held at, at city lock up.
 
Zigner

Zigner

Senior Member, Non-Attorney
What was the warrant for? (I know...unpaid fines...what were the fines for?)
 
CdwJava

CdwJava

Senior Member
A note on 6 cops just happening to swoop in on someone walking down the street: They had information that something more was going on. They had info that he was trying to sell the fake crack, or, he had just purchased the fake crack, or, he's not telling you the whole truth and it was REAL crack.

In any event, he should be eligible for a public defender if he cannot afford his own attorney. Clearly he has gotten himself involved in the drug trade. Is this someone you really want to marry? Really?
 
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anearthw

Member
6 police officers don't suddenly swoop in, your fiance was under surveillance. You can't go around attempting to sell crack and then turn around and say that it was just little baggies of balls of wax. On a side note, if your fiance really is attempting to sell balls of wax posing as crack cocaine, expect him to get severely beaten or shot eventually :confused: :eek: Crack addicts and other dealers deal with that swiftly. A public defender is needed asap if you cannot afford an attorney.
 
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mrszwatson

Junior Member
*The warrant was for unpaid fines from a THEFT and disorderly persons offense, back in 09.

Okay, I found out his charges, which are as follows:

Possession of CDS
Intent to distribute
School zone (1000 ft. I think)

But I was talking to a lawyer, and he said the state police will test it and if it is candle wax, then he will just get probation with the school zone dismissed. He told me they have to run tests on the product and it did not matter if it was bagged up or not because it was fake.

I know some guy, that claims he had the same charges, and it was fake as well, and his charges got dropped.

But I just finished talking to him and he is asking should he pled guilty or not guilty, I told him to pled guilty and say it was fake. But he thinks he will be better off saying he bought it from someone to smoke it himself. Won't they put him in rehab for a couple of months?

And I'm pretty sure it was fake crack, I saw it myself and he was quite upset that someone sold him fake crack. But he decided to try to sell it anyway.

And MAYBE someone was telling on him, he sold crack before. But I highly doubt that because all he was doing was walking down the street and Trenton cops tend to run up on people for no reason and frisk. Plus as I've said before, days prior there was 2 shootings and they locked up a lot of drug dealers.
 
S

Some Random Guy

Senior Member
I told him to pled guilty and say it was fake.
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He needs to listen to his public defender before doing something as rash as that. If it is fake then he may be able to plead guilty to lesser or different charges.

And I'm pretty sure it was fake crack, I saw it myself and he was quite upset that someone sold him fake crack. But he decided to try to sell it anyway.
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And this is why he needs to be talking to a lawyer and not admitting anything to the world at large without discussing it with his lawyer first.

And since you were examining the quality of his his crack cocaine while 32 weeks pregnant, I would suggest you take a serious look at where you want to go in life and whether you want to take an innocent child down that path.
 
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mrszwatson

Junior Member
Hmm good one :cool: but I wasn't examining anything, I just saw it after he found out it was fake, plus I heard him call his friend and tell him that the boy sold some fake crack. It looks just like candle wax, lmao .. Anyone with sense could tell it was wax :D
 
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mrszwatson

Junior Member
CdwJava said:
A note on 6 cops just happening to swoop in on someone walking down the street: They had information that something more was going on. They had info that he was trying to sell the fake crack, or, he had just purchased the fake crack, or, he's not telling you the whole truth and it was REAL crack.

In any event, he should be eligible for a public defender if he cannot afford his own attorney. Clearly he has gotten himself involved in the drug trade. Is this someone you really want to marry? Really?
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I doubt they had information, he wasn't out there on a daily basis. About once a week, if that. He didn't purchase the crack in Trenton either, and purchased it 5 hours before he went out.

He hasn't got himself involved in anything, he just did it 3 times within 3 months to help with our rent. He has a job that he is suppose to be starting this week. His stupid decision.
 
justalayman

justalayman

Senior Member
well, I don't do crack or make candles but I'm pretty sure I can tell the difference between crack and candle wax.


If your BF pleads guilty, he will be sentenced for the crimes he pleads guilty to. Not smart. This is serious enough be needs to plead not guilty and ask for a public defender.


I haven't found any applicable laws yet but in some states, fake drugs still allow charges for selling or possession. It's like using a fake gun at a robbery. You can often still get charged with armed robbery as it isn't the gun itself that makes the difference but what it is perceived as. If he sold it as crack, they might be able to treat it as if he was selling crack.
 
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mrszwatson

Junior Member
justalayman said:
well, I don't do crack or make candles but I'm pretty sure I can tell the difference between crack and candle wax.


If your BF pleads guilty, he will be sentenced for the crimes he pleads guilty to. Not smart. This is serious enough be needs to plead not guilty and ask for a public defender.


I haven't found any applicable laws yet but in some states, fake drugs still allow charges for selling or possession. It's like using a fake gun at a robbery. You can often still get charged with armed robbery as it isn't the gun itself that makes the difference but what it is perceived as. If he sold it as crack, they might be able to treat it as if he was selling crack.
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Oh okay, so he should just pled not guilty, and not say anything else until he gets a PD, right. Because yeah, I understand what your saying (e.g. I had a BB gun 2 years ago, and they charged me with a weapons possession) Okay thanks much, I will let him know not to say ANYTHING else.
 
justalayman

justalayman

Senior Member
getting closer:


The Drug Statute also covers the sale of, or possession with intent to sell, an imitation CDS. Thus, a person can be convicted under the "look-alike" section of the Drug Statute if he/she represents to another during a transaction, that the white powder in a container is cocaine, when it is only aspirin.
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http://www.ftlucianolaw.com/library/new-jersey-drug-arrest-series.cfm


got it:

NJSA 2C:35-11

2C:35-11 Imitation controlled dangerous substances; distribution, possession, manufacture, etc.; penalties

a. It is unlawful for any person to distribute or to possess or have under his control with intent to distribute any substance which is not a controlled dangerous substance or controlled substance analog:

(1) Upon the express or implied representation to the recipient that the substance is a controlled dangerous substance or controlled substance analog; or

(2) Upon the express or implied representation to the recipient that the substance is of such nature, appearance or effect that the recipient will be able to distribute or use the substance as a controlled dangerous substance or controlled substance analog; or

(3) Under circumstances which would lead a reasonable person to believe that the substance is a controlled dangerous substance or controlled substance analog.
Click to expand...
 
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