• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Charged with possession of under 40 grams of marijuana in Atlantic City, New Jersey

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

piccolo

Junior Member
What is the name of your state? New Jersey

I was in an Atlantic City casino and accidentally left my bag somewhere. Security took it and searched through it and found about 1 gram of marijuana and the bowl I used which counts as paraphernalia. Unfortunately the charges don't appear to differentiate between 1 gram and 40. When I went to claim my bag I was arrested and banned from the property for life. My main priority is to be allowed back into the casino (I'm a poker pro and it was a good portion of my income) and I was told by the head of security that if I can get the charges dropped or reduced to something non drug related they will let me back in.
My arresting officer told me that the DA isn't prosecuting minor marijuana possession charges right now since New Jersey is in the process of legalizing it, and that I should keep asking for postponements until the bill is passed, after which the charges would likely be dropped. My hearing is next week and apparently the procedure is that I speak to the prosecutor about what I want to do first and I'm supposed to ask them directly for the postponement. I just wanted a little clarification about what I should say to them exactly so I don't somehow screw it up.
Should I tell them the same story I've just told you and say that I want to postpone it until the legalization vote takes place as the officer suggested? Or would I be better off saying something like I'm talking to a few different attorneys and haven't been able to decide yet and need more time?
If the latter, what do I do the second time I have to ask for a postponement? Surely they don't allow you to take forever to find a lawyer and would tell me I have to settle it at some point, right?
If it does have to go to trial do you think I would be ok with a public defender? I was hoping not to have to pay a lawyer for such a minor charge, but at the same time it's very important to me to get this dropped or reduced so I can get back to work. I am a first time offender by the way.
Thank you so much for any advice you can offer on my situation.
 
Last edited:


FlyingRon

Senior Member
First off, understand that the casino never has to let you back in, EVER. It doesn't matter if you beat the charges or if pot is decriminalized in NJ or not. They've made their decision and it's unlikely to change in the short term.

I'd never take advice from the cops. If the DA is so disinclined to prosecute this, why are you charged now? I'd get on the phone to an attorney to find out what your real strategy should be.

Understand that a public defender is for the indigent, not some default for people who are unwilling to pay for their own counsel. Note that even if you QUALIFY for a PD, it's still not free in NJ. You just don't have to pay up front.

Understand, you might get one continuance just because you ask for one and might string a second if you had an invented reason, but judges often tire of such games and you might find yourself in the middle of a trial before you're ready playing those games.

The charge is under 50g by the way, and that's a break over what you could be charged with, no crying that you only had 2 g rather than 48g.
 

piccolo

Junior Member
They told me themselves that if I could get the charged dropped or reduced they'd let me back in. Might not wind up being true but I'm hoping for the best for now.

Fair point about the PD, I should probably get myself a private lawyer as you say. Do you think I'll be ok asking for the one postponement myself saying I'm still trying to decide on my lawyer? The hearing is on monday :(
 
Last edited:

quincy

Senior Member
They told me themselves that if I could get the charged dropped or reduced they'd let me back in. Might not wind up being true but I'm hoping for the best for now.

Fair point about the PD, I should probably get myself a real lawyer as you say. Do you think I'll be ok asking for the one postponement myself saying I'm still trying to decide on my lawyer? The hearing is on monday :(
Plead "not guilty" at the hearing on Monday and another hearing will be scheduled. Ask for a public defender. A public defender is a real lawyer who is willing to get paid less in order to help those who cannot otherwise afford an attorney. You will either qualify for a public defender - or not. If not, hire an attorney to help you with your defense.

Good luck.
 
Plead "not guilty" at the hearing on Monday and another hearing will be scheduled. Ask for a public defender. A public defender is a real lawyer who is willing to get paid less in order to help those who cannot otherwise afford an attorney. You will either qualify for a public defender - or not. If not, hire an attorney to help you with your defense.

Good luck.
Putting "Professional gambler" as his source of income may preclude him from getting a public defender.
 

piccolo

Junior Member
Alright so as predicted I don't qualify for a PD. The judge was nice enough to postpone my next hearing until March 18th.

So now I'm on to the seemingly impossible and overwhelming task of finding the right lawyer. I have no friends in New Jersey really and no leads as to who is good or not. I try to look for reviews on Yelp and other places but either the lawyers barely have any reviews, or they have several suspicious glowing ones from similar time periods (probably fake). I was able to do two free consultations over the phone with local AC lawyers and one sounded... not that bright, while the other sounded competent but really drove home his payment demands to the point where I was turned off by the end.

Would anyone be able to help me figure out how to decide who to choose? I really don't even know where to begin and the thought of picking someone subpar terrifies me. I feel like I could never decide this on my own just by talking to them :(
 
Last edited:

quincy

Senior Member
Alright so as predicted I don't qualify for a PD. The judge was nice enough to postpone my next hearing until March 18th.

So now I'm on to the seemingly impossible and overwhelming task of finding the right lawyer. I have no friends in New Jersey really and no leads as to who is good or not. I try to look for reviews on Yelp and other places but either the lawyers barely have any reviews, or they have several suspicious glowing ones from similar time periods (probably fake). I was able to do two free consultations over the phone with local AC lawyers and one sounded... not that bright, while the other sounded competent but really drove home his payment demands to the point where I was turned off by the end.

Would anyone be able to help me figure out how to decide who to choose? I really don't even know where to begin and the thought of picking someone subpar terrifies me. I feel like I could never decide this on my own just by talking to them :(
With a March 18 hearing date, you should have enough time to find a competent attorney.

Some attorneys offer payment plans to fit a client's budget (these attorneys tend to set up shop near college campuses) but most will require a retainer fee and charge by the hour or could offer a flat rate that will cover costs up to (but not including) a trial.

If you do not know anyone in your area who can give you attorney recommendations, you can narrow your choices down by limiting your search to local criminal defense attorneys. Make several appointments and sit down with each attorney to ask questions.

The initial consultations should be free - but make sure you understand how long the "free" part lasts. Some attorneys will provide 15 to 30 minutes free and charge for time after that. Wear a watch and keep track of time.

You will be looking for an attorney with experience in marijuana offense defense and is up to date on the current status of New Jersey marijuana legislation.

You are best off generally with an attorney who knows the local courts, judges and prosecutors. The attorney will know what can be negotiated and should know how to negotiate to get you the best outcome.

When you meet the attorneys in person, you should get an idea of how well you can work with the attorney. Personality conflicts are not uncommon. You want an attorney who will listen to you and respect your goals.

Good luck.
 

quincy

Senior Member
You would be surprised at how often that description fits better than any other. Actually, you may not be - but others would
Whatever piccolo entered as occupation, piccolo apparently earned too much at it to qualify for a public defender. I can understand why he might want to have the casino ban lifted. :)
 

FlyingRon

Senior Member
Of course, there's no guarantee they'll lift the ban even if he beats the charges. NJ casinos have pretty broad authority to kick out the lowlifes. The places are seedy enough to begin with. Atlantic City ranks only just above Boomtown, NV in my opinion.
 

quincy

Senior Member
Of course, there's no guarantee they'll lift the ban even if he beats the charges. NJ casinos have pretty broad authority to kick out the lowlifes. The places are seedy enough to begin with. Atlantic City ranks only just above Boomtown, NV in my opinion.
Right. Any ban-lifting will be up to the casino.

If piccolo has spent a lot of money there in the past, though, the casino might be more willing to let him back in to spend again - if he is not convicted.

The Detroit casinos have mixed reviews. If you are not robbed, beaten or shot, you are apt to have a more favorable opinion. :)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top