Marijuana

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 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: 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 12, 2013

Conditional Discharge For First Time Drug Offenders

By Tara Breslow-Testa, Esq.

If you have been charged in the State of New Jersey with any of the following offenses, you may be eligible for a Conditional Discharge pursuant to NJSA 2C:36-A-1: NJSA 2C:35-10(c), failure to turn over CDS to an officer “failure to turn over;” NJSA 2C:35-10(a)(4), possession of less than 50 grams of marijuana; NJSA 2C:35-10(b), under the influence of CDS; NJSA 2C:36-2, possession of drug paraphernalia. These matters are heard in Municipal Court.

What is a Conditional Discharge? If you are eligible for a Conditional Discharge, it does not automatically mean that you will enter into the Program. Pursuant to NJSA 2C:36A-1, an attorney can make a Motion to suspend further court proceedings and place their client on a special type of supervised probation. Since this is an optional program, it is important that the defense attorney prepare evidence showing that their client is a good candidate for a conditional discharge. It is helpful to collect letters of recommendation, proof of employment, drug treatment, and any other information that helps prove that the defendant will benefit from such program.

An experienced New Jersey criminal defense attorney can advise you if entrance into a Conditional Discharge is something you should consider. For example, the State needs to meet their burden by providing all discoverable materials, including but not limited to a lab report, if applicable. If the State does not provide the proper materials, it is possible by way of a motion that the matter can be dismissed. Also, if you enter into a conditional discharge, after completion of the program you still need to expunge the matter if you want the arrest off your record. It is important to be aware that by entering into a conditional discharge you will not be eligible for other diversionary programs in the future such as Pre-Trial Intervention (PTI). Thus, it is imperative to have an experienced criminal defense attorney on your side to help guide you through the Municipal Court system.

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Published on: October 7, 2013

Random Drug Testing in New Jersey Schools

By Tara Breslow-Testa, Esq.

This New York Times article discusses the debate over random drug testing in high schools in New Jersey. I will be interesting to see if this goes through, and what the legal ramifications are for those who test positive.

See link below for article:

Published on: July 10, 2013

Experienced Criminal Defense Lawyer in Holmdel New Jersey

By Tara Breslow-Testa, Esq.

PNC Arts Center is located in Monmouth County, New Jersey in the town of Holmdel. It is one of two major outdoor arenas located in the New York Metropolitan area. The venue has been the center of several controversies, including an incident during a Phish concert in 2000 where over 70 people were arrested, and the band was not invited back to the venue before their hiatus in 2004.

In recent years, there has been an increase in police presence at the Arts Center, and this has resulted with an increase in arrests for those attending concerts at the venue. Unfortunately, a night of fun and relaxation can result with an arrest that can jeopardize your future.

If you have been arrested on a felony charge in Holmdel, New Jersey, the matter will be transferred to the Superior Court located in Freehold. If you have been charged with a third or fourth degree Possession of Controlled Dangerous Substance (CDS) or any other felony charge, it is imperative that you hire an experienced Monmouth County criminal defense attorney to handle the matter. It is possible that the matter could be remanded back to municipal court. Or if this is your first offense you could be eligible for Pre-Trial Intervention (PTI), avoiding a criminal record.

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Published on: June 14, 2013

Arrested in Long Beach Island (LBI)? You need an Experienced Criminal Lawyer!

By Tara Breslow-Testa, Esq.

As the warm weather air rolls in and July 4th is around the corner, beach-lovers head to Long Beach Island (LBI). Inevitably, when there is a sudden increase in population in a shore town, the local police department increase their police presence as well. This increase in police presence in the summer months is evident in the towns of Beach Haven, Ship Bottom, Long Beach Township, Surf City, Barnegat Light and Harvey Cedars.

If you have visited LBI, you know it is a beautiful place, however many juveniles and adults are arrested while on vacation in LBI over the summer months. An arrest can have significant long term negative effect on your life . Whether the arrest be for a borough ordinance violation, Possession of Marijuana less than 50 grams, Drug Paraphernalia, Criminal Mischief or Simple Assault, all these matters require court appearances. A Disorderly Person offense holds a maximum of 6 months in jail, a probation term and up to $1000 in court fines. It is imperative that you have an experienced criminal defense attorney fighting on your side in these local municipalities of Beach Haven, Long Beach Township (which includes Brant Beach, Holgate, Brighton Beach, Beach Haven Crest, Beach Haven Terrace, Beach Haven Gardens, Haven Beach, The Dunes, Spray Beach and North Beach Haven), Surf City, Barnegat Light, Harvey Cedars and Ship Bottom.

If the matter is classified as an indictable offense, whether is it be 1st, 2nd, 3rd or 4th degree the matter will be transferred to the Superior Court located in Toms River, New Jersey. Again, it is important to have an attorney with experience on your side.

Published on: January 31, 2013

Juvenile Cases and Arrests in Monmouth County

By Tara Breslow-Testa, Esq.

If your child or loved one has been arrested and they are less than 18 years old, their matter will be heard within the Superior Court where the Juvenile resides. Even if the matter would have otherwise been heard in the local municipal court, juvenile matters are heard within the Family Division of the Superior Court. Depending on the severity of the arrest and whether there were co-defendants arrested at the same time, the case will either before a referee or a Superior Court Judge.

If this is the juvenile’s first time in the judicial system, then it is possible for an experienced criminal attorney to negotiate a deal for the juvenile where he or she gets their matter dismissed after a period of time. This type of resolution is referred to as a deferred disposition. If your child has been arrested for Possession of Marijuana less than 50 grams, Possession of Drug Paraphernalia, Possession of CDS (Controlled Dangerous Substance, including heroin, zanax, and cocaine), Theft, Aggravated Assault or any other disorderly persons offense, fourth degree or third degree offense, then he or she could be eligible for this type of resolution. If there are drugs and/or alcohol involved the Judge might require mandatory drug testing and other conditions.

Often times, young people make a wrong decision and this should not ruin their bright future. It is important to have an experienced New Jersey criminal defense attorney on your side so that this minor mistake does effect the juvenile long term.

Published on: September 27, 2012

Juvenile arrests- how to get a clean record

By Tara Breslow-Testa, Esq.

Juvenile matters are heard in the Family Division within the Superior Court usually where the crime occurs, or it can also be the county where the juvenile resides. Often times, if it is the juveniles first “run in” with the law, the juvenile is be eligible for a deferred disposition. This means that the juvenile will not have to be finger printed or give a DNA sample, and if he or she remains arrest free and complies with the other conditions, the adjudication will not go on their record.

Often times if these charges are serious or involve a burglary or if there is excessive restitution, the Prosecutor might oppose such disposition. If that occurs, then an experience New Jersey criminal lawyer can make a persuasive argument to the judge, and the judge could give the juvenile this opportunity. Also, there is the option of doing a back-ended deferred disposition, which means that for the time period of probation the disposition will remain on their record, however, if they complete the time period without any arrest and follow all conditions, then the disposition will be removed from the juveniles record.

This law office has helped thousands of juveniles get this type of result, giving them a second chance.