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“Thanks Tara for always believing in me and making me feel like I was your only client. You made the impossible possible. Forever grateful.”

- Gabriel V.
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The Ocean Township Police Department responded to a Resident’s home after receiving a tip involving marijuana cultivation. The police searched the residence and discovered that the bedroom had been converted to a hydroponic “grow room. Sophisticated growing equipment was found, including PVC piping, heat lamps, water pumps, filters and timers. The alleged was charged with the following; manufacturing marijuana, possession of marijuana, possession of marijuana with the intent to distribute within 500 feet of a public building, and possession of drug paraphernalia.

I have several questions regarding this arrest. First, did the police obtain a search warrant prior to entering the home? If so, was it a proper search warrant? Who was the informant for the police? Was there a Confidential Informant utilized in the investigation?

Often times the police work with a confidential informant, otherwise known as a “CI” by criminal defense attorneys and prosecutors. A CI will work with the police in making a “buy” off of an alleged seller. The CI will obtain money from the police or the Drug Task Force, or Detectives from the Prosecutor’s Office who are working on the investigation in exchange for being observed making a buy. After the alleged sale is made, the CI meets with the police, turns over the drugs and makes a statement about the transaction. The Confidential Informant may also get leniency for their own pending matter before their court as compensation.

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New Jersey law pertaining to expungements is found under N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52-32. If a person is eligible for an expungement, it is important to meet with an experienced criminal defense attorney who has experience in filing a Petition for Expungement. There are very specific guidelines that must be following when filing a Petition for Expungement, and unless all documents are prepared and filed properly and then sent to the proper law enforcement agencies, the Petition will be denied.

If the Petition is granted by the Judge, any record of law enforcement taking you into custody as a conviction, juvenile, adjudication of delinquency, disposition and other related court proceedings will be removed from any type of record. This means that if you are applying for a job and a criminal search is conducted, an expungement will ensure the removal of all records within any court, law enforcement, criminal justice agency or juvenile justice agency concerning an arrest, detention, disposition of an offense within the criminal or juvenile justice system.

It is important that an experienced New Jersey criminal defense attorney prepares and files a Petition for Expungement. This Petition for Expungement needs to be filed within the county where the arrest or prosecution occurred. A Superior Court Judge then decides whether the person should be granted an Expungement Order. The Prosecutor can take an opposing position to the granting of the expungement, and then the matter will then be heard before the Superior Court Judge for oral argument.

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