Drug Crimes

Published on: February 19, 2023

Prior Marijuana Conditional Discharges- No longer a Bar to Pre Trial-Intervention, PTI

On February 14, 2023, the Supreme Court finally made the right decision allowing those with prior marijuana conditional discharges the possibility to get into PTI. https://www.njcourts.gov/sites/default/files/court-opinions/2023/a_64_65_21.pdfIt is no longer an automatic bar to PTI if you have a prior conditional discharge for marijuana. The court held that people who received pre-CREAMMA conditional discharges for specified marijuana offenses — just like persons who had pre-CREAMMA convictions for those marijuana offenses are no longer categorically precluded from future admission into PTI. Rather, courts and prosecutors must consider the merits of their PTI applications, without regard to the existence or circumstances of the earlier marijuana-related conditional discharges. The holding harmonizes CREAMMA and its manifest legislative intent with the pre-existing general language of the PTI and expungement statutes, including the Legislature’s command in CREAMMA to apply its reforms to “any case” that arose before its enactment.

Finally, the Court made the right decision and notes that this is an exceptional situation involving a sweeping new statute that it has endeavored to harmonize sensibly with pre-existing laws. In the past year, many of my clients ran into issues when they had a prior CD for marijuana, and this is no longer a bar. This also calls for consistency throughout the State with how these applications are to be handled by the Courts and Prosecutors Offices. The real issue remains that even though a prior CD can no longer be sited at a bar anymore will Prosecutors and probation officers still let the prior CD influence their decisions to allow applicants into PTI. https://www.breslowdefense.com/tara-breslow-esq.html

PTI applicants can be barred for a variety of reasons, so it is important to be prepared for your interview and have counsel advise you about the process. https://www.breslowdefense.com/pre-trial-intervention-pti.html Call Tara Breslow for a free consultation 732 784 2880 or email tara@breslowdefense.com.

Published on: June 25, 2022

Arrested in Sea Girt for Possesion of Drugs, Disorderly Conduct, Simple Assault

By Tara Breslow-Testa, Esq.

Sea Girt, NJ, USA August 11, 2006 Beachgoers enjoy a beautiful, sunny summer’s day at Sea Girt on the New Jersey Shore

The sun is shining and the shore bar lifestyle is back with furry after Coronavirus. Sea Girt has a lively nightlife scene, especially at The Parker House. It is not uncommon for their to be an increase of arrests during the summer months. Many of the bars are checking people prior to entry and there has been an increase in arrests for Possession of CDS under 2C:3510A(1). This would include a charge of Possession of Cocaine. This is a felony offense and the matter will be transferred to Monmouth County Superior Court. It is imperative that an experienced attorney handle this matter from the beginning.

There are also a considerable amount of arrests made for disorderly persons offenses, including simple assault and disorderly conduct. This could result from a fight or just not cooperating with the staff when asked to leave. Either way it’s not what a night out of fun should result with. These matters would be heard in Sea Girt Municipal Court.

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Published on: July 16, 2021

Arrested in Belmar NJ for Disorderly Conduct, Get the Best Representation!

By Tara Breslow-Testa, Esq.

Summer 2021 is back in full force! Many people are back out frequenting local bars and attractions in Belmar. If you have been arrested for 2C:33-2A, disorderly conduct in Belmar, whether at Bar Anticipation, D’Jais or any place else, I can help you. These charges usually are related to remaining outside or inside a bar after being asked to leave. If you have been charged with 2C:18-3B, defiant trespass, relating to a similar situation, I have appeared in Belmar for over a decade successfully defending individuals charged with these types of offenses.

I have also successfully defended individuals charged in Belmar for underage drinking, resisting arrest, simple assault, possession of a fake ID and other drug offenses. Oftentimes, in these situations the person is also charged with an Interference of Business Ordinance, 2016-915. There is a mandatory appearance required if you have been charged with a disorderly persons offense in Belmar Municipal Court located at 601 Main Street and it is important to get the best representation.

Why call me? I strongly believe that the best results come from dealing with one attorney from the inception of the case; from the first time you call me to the date of your appearance you only deal with me. We prepare the best possible defense and you will always maintain communication with me directly. I have appeared in Belmar and Lake Como for well over a decade and I know how to best navigate you through this process and get the best possible results.

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Published on: March 20, 2020

Law Office Policy in the Age of Corona

By Tara Breslow-Testa, Esq.

CORONAVIRUS (COVID-19) IS REAL BUT LIFE CONTINUES: CONTACT ATTORNEY TARA BRESLOW-TESTA FROM THE SHELTER OF YOUR PLACE.

March 18, 2020 by the Law Office of Tara Breslow

The nationwide quarantine inspired by Coronavirus (COVID-19) is unprecedented in the experience of most New Jersey residents. Citizens of New Jersey have been encouraged to shelter in place, to stay home and avoid social contact to prevent transmitting and/or contracting the respiratory disease that is proving fatal. Unfortunately, several of our residents both in Freehold, as well as Red Bank, have been affected by the virus.

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Published on: July 17, 2017

IS MARIJUANA LEGAL OR ILLEGAL IN NEW JERSEY?

By Tara Breslow-Testa, Esq.

MEDICAL = YES, WITH RESTRICTIONS.

RECREATIONAL = NOW, NO! BUT COMING SOON IN 2018, MAYBE.

Marijuana advocates in Vancouver, Canada send a message resonating all the way to New Jersey.

Medical marijuana has been legal in New Jersey since 2010 – with restrictions.

Recreational marijuana is not (yet) legal in New Jersey. And offenders who possess or distribute marijuana are dealt with harshly. But that could all change when New Jersey undergoes a regime change from the Christie Dynasty to whatever is coming next.

It is important to know the differences and the laws, because the difference could lead to arrest and conviction for possession or distribution of marijuana – which could lead to years to decades of prison time, harsh fines and a permanent criminal record.

And if you’re in the slammer when the rules (possibly) change a couple of months from now, you’ll miss out on all the legal fun.

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Published on: June 16, 2017

TOO MUCH FUN: Getting in and Out of Trouble at Holmdel’s PNC Bank Art Center

By Tara Breslow-Testa, Esq.

We’ve sometimes got trouble, right here in Holmdel township, with a capital T and that rhymes with P and that stands for the PNC Bank Art Center. This popular music venue in Holmdel has provided a venue for musical acts from symphonies to Sinatra to Springsteen to Phish to Sting over the years – but the festival environment has also spawned more than a little bit of trouble in the form of dozens of drug arrests, underage drinking, DUI arrests, fights, shootings.

If you’re a music fan who gets into trouble with a capital T, the first person you should talk to is Holmdel criminal defense attorney Tara Breslow-Testa. She is experienced with a capital E and can reduce possible sentences, fines and future consequences for anyone arrested around the PNC Bank Center.

PLEASANT VALLEY

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Published on: April 25, 2017

New Jersey’s Medicinal Marijuana Program – Not a Get-Out-of-Jail Free Card for Recreational Users

By Tara Breslow-Testa, Esq.

Whether you call it weed, pot, Mary Jane, grass, herb, or just plain old marijuana, it is no secret that the times – and the laws – are changing with respect to the usage of cannabis.

At least eight states have legalized cannabis for recreational usage, and about twice that number currently allow medical marijuana use. Thus, marijuana is now legal in about half of the states for one purpose or the other.

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Published on: November 14, 2016

MONMOUTH COUNTY DRUG TRAFFICKING INVESTIGATION LEADS TO OVER 40 ARRESTS

By Tara Breslow-Testa, Esq.

A group of law enforcement agencies dubbed “Operation Justice Served”, consisting of many federal, state, county, and local officials, arrested 42 individuals over the last month for their involvement in a drug trafficking network.

Prosecutor Christopher J. Gramiccioni announced that the arrests were connected to a distribution network operating out of Freehold, New Jersey. The charges include possession and distribution of a number of different controlled substances including: heroin, cocaine, marijuana, and prescription pain medications classified as opiates, such as Oxycodone and Percocet.

“The joint efforts of these multiple law enforcement agencies involved in OPERATION JUSTICE SERVED have accomplished the mission of taking down this local drug trafficking network responsible for bringing drugs into the county and threatening quality of life and the safety of residents.” Gramiccioni said.

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Published on: November 9, 2016

MAN SENTENCED IN KILLING MONMOUTH COUNTY STUDENT

By Tara Breslow-Testa, Esq.

Monmouth County judge sentenced a former Long Branch resident to jail for fatally hitting and killing a Monmouth County University student while under the influence of drugs.

Joseph Stovall, 48, was sentenced Friday, November 4th for accident that occurred on September 11th, 2013. Stovall, under the influence of Xanax, crashed into two cars that were parked because of an earlier fender bender on Jolin Avenue in Long Branch. Victoria Tropper, 21, and Thomas Triano, 49, of Cherry Hill, NJ were the two drivers involved in the earlier fender bender. While exchanging information, Stovall swerved, crashing into Tropper and her car, killing the senior psychology student on impact. Triano, whom was lucky to survive, walked away with several cuts. Stovall pled guilty on June 24th vehicular homicide and assault by while being under the influence of a non-prescribed Xanax. The Schedule IV controlled substance contributed to Stovall’s sentencing.

Under the Controlled Substance Act, a controlled substance is defined as a drug that is illegal for sale or a drug used for medical purposes regulated by Federal and State law for distribution. Any controlled substance used for medical purposes must be obtained by a doctor’s prescription. The statute classifies all controlled substances into five “Schedules” with the most dangerous and addictive drugs falling under the 1st schedule. In the state of NJ driving under the influence of an illegally obtained schedule IV controlled substance is punishable by a heavy fine and/or jail time.

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Published on: August 3, 2016

WALL TWP. POLICE ALLEGEDLY ASSAULTED BY MAN CHARGED WITH DWI, DRUG POSSESSION

By Tara Breslow-Testa, Esq.

Authorities from the Wall Township Police Department recently charged a man with driving while intoxicated (DWI) and drug possession after a motor vehicle stop. The man is now facing additional charges for aggravated assault, among other offenses, as police say he attempted to stab an officer with a pen while being processed at police headquarters.

The motor vehicle stop in question was conducted just after 1:00 a.m. on Sunday, July 31, at which time a Wall Township Patrolman stopped a driver near the northbound Garden State Parkway exit ramp on Highway 138. The driver, 28-year-old Staten Island resident Vincent Russo, was charged with DWI shortly thereafter.

When police conducted a search of Russo’s vehicle, they reportedly discovered marijuana and the prescription drug Xanax, after which Russo was also charged with possession of marijuana under 50 grams and unlawful possession of prescription drugs (he did not have a valid prescription).

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