New Jersey Criminal Attorney Blog

Even when a police officer detects a strong odor of marijuana during a traffic stop, the officer may not conduct a warrantless search of the vehicle according to an Appellate Division opinion released on Friday.

The case, State v. Pompa, involved a truck driver who was pulled over by a state trooper because it appeared that someone had tampered with the vehicle's DOT number. The officer conducted an administrative inspection of the vehicle. During the stop, the driver appeared nervous, there were several air fresheners hanging in the vehicle, and the officer noticed a strong smell of marijuana coming from the sleeper cabin.

The officer conducted a search of the cabin without first obtaining a warrant or the driver's consent. He opened a closed duffel bag and discovered twenty to twenty-five freezer bags filled with marijuana. The driver was arrested and indicted for first degree possession of marijuana with intent to distribute (NJSA 2C:35-5(a)(a), NJSA 2C:35-5(b)(10)(a)); second degree conspiracy to possess marijuana with intent to distribute (NJSA 2C:5-2, NJSA 2C:35-5(b)(10)(a); and fourth degree possession of marijuana (NJSA 2C:35-10(a)(3).

At trial, the defendant moved to suppress the evidence of the marijuana, but the trial court judge denied the motion. The defendant was found guilty on all counts and was sentenced to ten years of prison with four years of parole ineligibility.

On appeal, the Appellate Division reversed the conviction and remanded for a new trial suppressing the evidence. The appellate panel ruled that an administrative inspection of the vehicle was permitted, but a search of the sleeper cabin and duffel bag exceeded the scope of that search and required a warrant.

The opinion cited an earlier case, which stated that a warrantless search of an automobile is permitted only when 1) the stop is unexpected; 2) there is reasonable cause to believe the vehicle contains contraband or evidence of a crime; and 3) there are exigent circumstances that would make it impractical to obtain a warrant. The appellate court found the first two requirements had been met, but found in this case that there were no exigent circumstances and that the trooper had an opportunity to obtain a warrant.

The case is a reminder that there are limits on police searches, and police may not search a person's vehicle without a warrant unless certain exceptions exist. When an officer exceeds his or her authority to search a vehicle, the court may suppress any evidence found as the result of an improper search.

Even where a small amount of marijuana is found, the penalties can be severe. For example, a driver who is convicted of operating a motor vehicle with a controlled dangerous substance in the vehicle faces a two year driver's license suspension in addition to fines. Other criminal charges may also result in fines and incarceration.

There are ways to fight such charges or negotiate a plea deal that results in probation or a fine. Knowing how the law applies to your specific circumstances could make a difference in how your case is resolved.

New Jersey law permits those arrested or convicted of certain crimes to petition the court for an expungement under certain circumstances. When expunged, the records are isolated and removed from the files of any agencies that have them. Anyone who requests that person's criminal record is told that no such record exists.

But what if a person outside official channels knows about an expunged criminal record and releases it to the public? The New Jersey State Supreme Court is considering just such a case in an effort to determine whether exposing someone else's expunged record is grounds for a defamation lawsuit.

The New Jersey Law Journal reported today that the state's top court will consider the issue. (Subscription required). In G.D. v. Bernard Kenny and The Hudson County Democratic Organization, Inc., a political operative for a State Senate candidate became the target of flyers produced by a political rival. The flyers referred to the operative's prior drug conviction, which was previously expunged.

Regardless of how the Supreme Court rules on this case, expungement remains an important way to protect a person's record and prevent a past mistake from haunting him or her in the future. Expunged records can be used by the courts only in limited circumstances. For example, a judge may review expunged records when sentencing a defendant in connection with a subsequent conviction. Parole boards may also view expunged records.

Otherwise, state law provides that when a record is expunged, the arrest, conviction, or any other proceedings connected with the crime "shall be deemed not to have occurred, and the petitioner may answer any questions accordingly..." (N.J.S.A. 2C52-27). Consequently, petitioning for an expungement can be helpful to those who fear a background check may turn up damaging information.

In New Jersey, a "disorderly persons offense" refers to a category of violations that are adjudicated at the Municipal Court level rather than in State Superior Court. However, even though such violations are handled in town courts, they can still result in serious penalties including substantial fines and even jail time.

Some examples of disorderly persons offenses include possession of 50 grams or less of marijuana, shoplifting items with a retail value of less than $200, and lewdness, among others. A conviction can mean a range of penalties, up to a $500 fine and six months in prison. Additionally, a conviction could show up on future background checks affecting employment and professional licensing.

There are ways to fight such charges, have them downgraded, or seek alternative penalties that can save time and money and, in some cases, keep a person's record clean. And in cases where the accused has already pleaded guilty or has been convicted in court, expungement may be available.

Before pleading guilty to a disorderly persons offense in Municipal Court, it is worth consulting an attorney on your range of options. Doing so could save a great deal of time and money in the long run.

New Jersey law imposes fines and possible incarceration for those convicted of possessing even small amounts of marijuana, drug paraphernalia, or being under the influence of drugs.

A violation for possession of 50 grams or less of marijuana is considered a disorderly persons offense allowing jurisdiction in municipal courts. Even though the matter may be handled at the municipal level, it is important to understand the consequences.

Such a conviction can result in fines of up to $1,000, penalties and fees of over $500, up to six months in jail, and suspension of driving privileges for up to two years. In addition, if the violation occurs within 1,000 feet of a school, there is a mandatory 100 hours of community service on top of any sentence handed down by the court.

There are ways to fight such a violation. As with all criminal cases, the State has the burden to prove its case. And while it may not be possible to win an acquittal in all cases, it is important to understand the range of sentencing options that a municipal court judge may impose.

It is also important to keep in mind that it may be possible to expunge prior convictions from your record. Depending on the circumstances, a person may petition the court to have his or her record expunged. If granted, all records would be removed; however they could still be used in the future for a limited number of purposes including bail or parole hearings, or sentencing.

Police in Westwood stopped a driver to discover that the 19-year-old Fair Lawn woman had an empty bottle of liquor in the car. Police read her rights and upon further questioning, discovered two more bottles, one empty and one half-empty.

The woman was placed under arrest and charged with underage possession of alcohol, having an open container of alcohol in a vehicle, and making an improper U-turn.

Police in Paramus followed a car travelling at a high rate of speed out of Garden State Plaza on December 4. When the driver threw a bag out the window, police stopped the car.

According to police, the bag contained several smaller bags of marijuana. The driver and two passengers were arrested and charged with possession of marijuana.

A man was charged with aggravated assault after allegedly trying to ram his car into a Bergen County police officer who pulled him over in Hackensack.

The officer pulled over the driver for a routine traffic stop after observing him allegedly weaving in and out of lanes. When the officer approached the car, the driver sped off allegedly forcing the officer to jump out of the way. The officer caught up with the driver and arrested him in Paterson.

In addition to being charged with aggravated assault on a police officer, the driver was faces charges of eluding arrest, being a fugitive from justice, speeding, reckless driving and failure to pull over.

In this economic downturn, jobs seekers in North Jersey may spend a lot of time adjusting their resumes or working on their interview skills. But a job applicant whose record turns up a criminal conviction -- even a minor one -- may start out at a disadvantage when competing in a tough job market.

With unemployment soaring, jobs that are hard to come by, and more companies performing background checks than ever before,many are looking to expunge their records or set aside convictions. Even those who have jobs may consider expunging past convictions now. Waiting until the next job search could mean lost time.

Depending on a person's background, the Court may expunge a conviction, erasing it from that person's record. The process involves petitioning the Court in the county where the offense took place. Several factors affect whether a person is eligible for expungment, including the nature of the crime and the length of time since the last offense.

For those who are being weighed down by mistakes in their past, expungement offers the opportunity to make a fresh start. And in a job market as competitive as this one, erasing a conviction could be a big step toward finding employment.

If you've received summonses for driving without a license, help is available.

A conviction for driving without a license could prevent you from obtaining a license in the future and subject you to fines and a possible prison sentence. An article in today's Newark Star Ledger cited the example of one man who racked up 20 traffic tickets and several summonses for driving without a license . Through a special program in Newark designed to encourage those wanted for non-violent crimes to turn themselves in, he was permitted to work out a payment schedule that would help him clear his name and obtain a driver's license.

But even where such programs are not available, municipal court judges have a range of penalties they can impose when a motorist is convicted of driving without a license. Additionally, the penalties vary depending on whether the driver did not have a current driver's license, or whether the driver never had a driver's license to begin with.

More importantly, a person cannot be convicted of driving without a license if the driver merely fails to show a valid driver's license to the officer requesting it. In some cases, the driver may at worst be guilty of refusing to exhibit a driver's license, which is punishable by a fine.

A Westwood Man allegedly tried to rob a bank on Route 17 Tuesday morning in Mahwah by passing a note to the teller, but fled after the teller activated an alarm.

As police searched for the man, schools in the area were placed on lockdown, but officers in the areas soon caught up with him. Police found the man, 33-year-old Anthony B. Dewberry, in a nearby parking garage and found the note in his car.

Dewberry was charged with robbery and bail was set at $250,000.

A Paterson man who pleaded guilty to leaving the scene of an accident in which the other driver was killed. The defendant faces seven years in prison.

Even in minor traffic accidents where that not result in injury or death, leaving the scene can mean added charges. Leaving the scene of an accident that does not result in personal injury can mean two points on your license, fines, and license suspension. If the accident does result in injury, it can mean eight points on your license, fines and prison time.

In the case of Jamal Williams, the Paterson who pleaded guilty, leaving the scene of that accident could cost him seven years of his life. After he left the accident, the other victim, a 60-year-old man, was taken to the hospital where he later died. Williams will be sentenced in December.

There is a lot of misinformation concerning the consequences of refusing a breathalyzer test, but the law in New Jersey is clear: you must take the test or face stiff penalties.

On a first offense, refusing a test can result in license suspension for 7 months to a year, up to a $500 fine and 12 hours in an Intoxicated Driver Resource Center Program. To convict someone of refusing the breathalyzer test, the State needs only to show that the arresting officer had probable cause to believe the defendant operated the vehicle while intoxicated. However, it is possible to be found guilty of refusing the test even if a defendant is acquitted of driving while intoxicated.

In fact, just recently a Hoboken police officer was charged with refusing a breathalyzer test, adding to his legal troubles that include a DWI charge.