Minor In Possession

[pliesINyoTHIGHS]

What is the name of your state (only U.S. law)? New Jersey

I am a 20yr old male was pulled over doing 40 in a 50 mph zone with 3 other friends. When the officer approached my vehicle he immediately asked me to step out of the car. Outside the car he told me he smelt marijuana and if I told him he could make my life easier or he would find it regardless. Not wanting my friends to get in trouble, I told him where my marijuana was (about 3 grams). He then cuffed me, put me in the car, and questioned and searched the rest of my friends. He arrested my other friend because he was in the process of unleafing the dutch. We both received a summons for possession of a controlled substance under 50 grams and were let go. At the station I gave a statement to the cop explicitly stating that none of the other passengers had knowledge of the marijuana in the car including my friend who also got arrested. However, I also stated that we intended to roll a blunt and smoke it at my house, emphasizing that no one was aware of the marijuana at this point in time. My question is:

1. Due to the content of my statement, is it possible my friend can fight his charge of possession considering my statement says he was unaware of the marijuana in the car?

2. Possession was the only charge I received, so considering I did not receive a traffic violation does that negate any probable cause the officer may have had? (or in other words would it be possible to fight the charge)

3. If I am unable to fight this what will be the repercussions?

 

[justalayman]

where does minor in possession come in to play? That is an alcohol related offense which is not applicable here obviously.

1. Due to the content of my statement, is it possible my friend can fight his charge of possession considering my statement says he was unaware of the marijuana in the car?

he can try but at this point, I would not see your word as having much weight, after all, you were caught breaking the law.

2. Possession was the only charge I received, so considering I did not receive a traffic violation does that negate any probable cause the officer may have had? (or in other words would it be possible to fight the charge)

Not unless there was no actual reason to stop you. That fact you were speeding obviously shows he had justification. Ask the cop to give you a citation because you believe he should. Other than that, don't look a gift horse in the mouth.

3. If I am unable to fight this what will be the repercussions?

well, it's pretty obvious the cop had you dead to rights. You are guilty. I don't see any out to speak of. Grab an attorney and see if something such as a deferral is possible.

Do you have a statute number for the charge. It makes it so much easier to look up and grab the correct statute.

 

[Isis1]

I'm almost positive going 40mph in a 50mph zone is not speeding.

 

[pliesINyoTHIGHS]

here is the statute number

(N.J.S.A. 2C:35-10)

the purpose of my question was to see if I have any options considering the fact that I was definitely not speeding... im aware i was caught red handed but does the fact that he had no probable cause to pull me over in the first place have any bearing?

 

[justalayman]

well, he claims you were speeding, you claim the opposite. Since he didn't ticket you, contesting his claim is nearly impossible since he does not have to provide any proof or means of determining the speeding.

You can subpoena his notes and such the officer might have concerning the speeding and stop but it takes very little to substantiate a possible speeding situation.

NJSA 2C:5-10(a)(4), possession of 50g or less of marijuana or 5g or less of hashish;
NJSA 2C:35-10(b), using or being under the influence of CDS;
NJSA 2C:35-10(c), failure to deliver CDS to police;
NJSA 2C:36-2, possession of drug paraphernalia

Violation of these statutes constitute disorderly person offenses. If convicted, the court may impose a $500.00 Drug Enforcement Reduction penalty and a $50.00 lab fee for each CDS charge. The court has discretion to fine a defendant up to $1,000 and/or incarceration for up to six months. The $50.00 VCCB penalty also must be imposed.