Drug Crimes, Substance Abuse Charged with possession of under 40 grams of marijuana in Atlantic City, New Jersey

[robbybob]

Jurisdiction

New Jersey

I was in an Atlantic City casino and accidentally left my bag somewhere. Security took it and searched through it and found about 1 gram of marijuana and the bowl I used which counts as paraphernalia. Unfortunately the charges don't appear to differentiate between 1 gram and 40. When I went to claim my bag I was arrested and banned from the property for life. My main priority is to be allowed back into the casino (I'm a poker pro and it was a good portion of my income) and I was told by the head of security that if I can get the charges dropped or reduced to something non drug related they will let me back in.

My arresting officer told me that the DA isn't prosecuting minor marijuana possession charges right now since New Jersey is in the process of legalizing it, and that I should keep asking for postponements until the bill is passed, after which the charges would likely be dropped. My hearing is next week and apparently the procedure is that I speak to the prosecutor about what I want to do first and I'm supposed to ask them directly for the postponement. I just wanted a little clarification about what I should say to them exactly so I don't somehow screw it up.

Should I tell them the same story I've just told you and say that I want to postpone it until the legalization vote takes place as the officer suggested? Or would I be better off saying something like I'm talking to a few different attorneys and haven't been able to decide yet and need more time?

If the latter, what do I do the second time I have to ask for a postponement? Surely they don't allow you to take forever to find a lawyer and would tell me I have to settle it at some point, right?

If it does have to go to trial do you think I would be ok with a public defender? I was hoping not to have to pay a lawyer for such a minor charge, but at the same time it's very important to me to get this dropped or reduced so I can get back to work. I am a first time offender by the way.

Thank you so much for any advice you can offer on my situation.

 

[army judge]

I was in an Atlantic City casino and accidentally left my bag somewhere. Security took it and searched through it and found about 1 gram of marijuana and the bowl I used which counts as paraphernalia.

Most unfortunate for you, mate.

However, if you had said NOTHING, no one could PROVE any of those things belonged to you!

I was told by the head of security that if I can get the charges dropped or reduced to something non drug related they will let me back in.

That is possible, if you plead NOT guilty, hire yourself a hotshot mouthpiece, shut up, and wait.

My hearing is next week and apparently the procedure is that I speak to the prosecutor about what I want to do first and I'm supposed to ask them directly for the postponement. I just wanted a little clarification about what I should say to them exactly so I don't somehow screw it up.

Don't discuss any aspect of this case with anyone but your lawyer.

When you meet with the prosecutor, make sure you take your lawyer with you.

If anyone discusses this, it will be your lawyer.

The best thing you can do is keep your lips closed, and don't practice ventriloquism.

I was hoping not to have to pay a lawyer for such a minor charge, but at the same time it's very important to me to get this dropped or reduced so I can get back to work.

It costs to be the boss, Hoss.

this isn't a DIY project, unless you want to receive that which you are trying to avoid.

You also need to get into rehab, ASAP.

You should also be involved with and participating regularly with NA.

Whatever you do, don't discuss any of this with anyone but your lawyer.

 

[robbybob]

Thanks a lot. Do you think the public defender would suffice for something like this? Should I ask for one right away, or at least try one postponement first and hope the bill passes before the next hearing?

You're right I should have never claimed the bag. I honestly had no idea they would search it or care so much about a petty amount of MJ.

 

[mightymoose]

Who knows how a little marijuana got into your bag after you left it behind.
Surely you didn't leave it there.
How many people handled it before you came looking for it? Did police search it or was it private security? How much time passed between losing it and recovering it?

Surely you have not admitted to police that the contraband belongs to you... That would be a silly thing to do.

 

[robbybob]

Sigh I am an idiot and while they did not directly ask me if it was mine I did make comments to security acknowledging its existence

Something like "it was only a tiny bit." I'm sorry for being so dumb. At the time I honestly thought at worst I'd be written a ticket, as is done where I live in NY.

I'm not sure if denying it would have worked because where I left it is definitely under camera surveillance so they probably could have proved nobody planted anything in it. But I certainly should not have said a word

The officer didn't even read me my rights, now that I think of it.

 

[army judge]

The officer didn't even read me my rights, now that I think of it.

Was this "officer" a SWORN member of the constabulary, or a "wanna be" law enforcement officer, serving as a casino security guard?

Did you SIGN anything, such as a formal admission of guilt?

Were you recorded while "someone" interrogated you?

Who interrogated you?

Now is not the time to worry about ANYTHING other than getting this legal gorilla or chimp off your back!

 

[robbybob]

They were a plain clothed member of the division of gaming enforcement. They took me to a holding area in the back of the casino and there were no handcuffs or bars involved, so I suppose they fall into your latter description. I was not interrogated in any way except that both the security guard and the officer asked me if i had a medical card, to which I replied no.

Ugh I'm going to appear even dumber now but I did sign something they handed me just before they let me go without reading it. I assumed it was just their clerical work or whatever, they definitely did NOT tell me it was an admission of guilt form, which I'm now praying to god it wasn't

I was so distraught about being banned that I just wanted to get out of there ASAP.

 

[army judge]

They were a plain clothed member of the division of gaming enforcement. They took me to a holding area in the back of the casino and there were no handcuffs or bars involved, so I suppose they fall into your latter description.

Oh my, they are the REAL POLICE.

Gulp...

As far reading you your rights, apparently that wasn't necessary, because you were babbling and cooing like a 6 month old baby.

I was not interrogated in any way except that both the security guard and the officer asked me if i had a medical card, to which I replied no.

You could have invoked.

However, you kept chatting.

Ugh I'm going to appear even dumber now but I did sign something they handed me just before they let me go without reading it.

Brother, don't beat yourself up about it now.

Too many people do this everyday all over this country.

Watch these videos, then remember what you learn:

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..

....

I was so distraught about being banned that I just wanted to get out of there ASAP.

We all make mistakes.

Now you need to keep your head on straight and talk to three criminal defense lawyers in your area.

Don't put this off, do this BEFORE the date you are to meet the prosecutor.

The initial visit is free.

You would be stupid to do anything more with these people without a lawyer.

After all, mate, you'll be tried in THEIR court.

The deck is stacked, which is why you need the best hired gun your money can buy.

You don';t want to make a deal, you want to go FULL OJ and beat this shit (if you can)!!!

 

[robbybob]

Thanks you are extremely helpful!

I'm afraid I now must disclose my third count of total stupidity and tell you that my hearing is on Monday and that I should have posted this weeks ago. I was content with the plan of asking for a postponement myself as the officer suggested but now I am freaking the hell out and doubt I'd even have time to find a lawyer before then.

I did previously talk to a couple friends who are in non-criminal law and they both thought the plan to ask for a postponement myself was fine, which is why I didn't bother checking further. Would it really be an awful idea to request one adjournment myself saying I'm still deciding on my attorney? I might not have any other option at this late date

 

[adjusterjack]

Would it really be an awful idea to request one adjournment myself saying I'm still deciding on my attorney?

You have no choice. Go in Monday, plead not guilty, ask for time to hire an attorney. That's all you say. You don't talk about anything else. Period. Even if the prosecutor offers you a plea bargain that's "good for today only." Politely decline and get yourself an attorney. You've already made too many mistakes so watch the videos and learn to shut up.

 

[robbybob]

Will do I promise not to say anything else, thank you!

 

[army judge]

Thanks you are extremely helpful!

You're welcome.

Would it really be an awful idea to request one adjournment myself saying I'm still deciding on my attorney? I might not have any other option at this late date

Yes, you appear as instructed and ask the judge this, when permitted:

How do you plead?

You: Not guilty your honor. May I ask a question?

Go ahead.

You: May I have a couple weeks to hire an attorney to represent me in the serious matter?

No matter what is said, threatened, or promised, say nothing about the charge, the items found, if asked you say: Sorry, your honor, I'm invoking my right to remain silent. I need more time to hire a lawyer.

You can provide your full name, address, DOB, Social inSecurity Number, education completed, employment or unemployment status, etc...

Remember, anything about the charges and/or the facts surrounding the incident are not to be discussed.

You simply say, I've invoked, if a certain subject comes up.

 

[robbybob]

Thanks I will follow your advice!

Just out of sheer curiosity (I will not go against what you said!) is there really no deal I would accept from them to save all the time money and hassle? Like if they offered to reduce it to a traffic violation or really anything non drug related? Before reading this I would have jumped at that opportunity since it would allow me back into the casino right away, so I just want to understand why I should decline.

 

[army judge]

is there really no deal I would accept from them to save all the time money and hassle?

First of all any deal offered means you're guilty of something.

In your case, it'll probably be something related to illegal drug use or abuse.

Second, without the deal being in writing, you have no idea if it'll be honored.

After all, you admitted to signing something without reading the something.

You've already accumulated two strikes.

Do you really want to strike out?

You're free to do anything you want to do, because you'll be eating those consequences for some time to come.

Slow your roll, you'll come out of this whole.

The RIGHT lawyer will be worth the cheddar you pay IF the lawyer makes this whole, damn thing disappear!

As Mighty Moose suggested, maybe you didn't put anything in the bag that was illegal?

The bag was out of your control for hours, who knows what some evil person "planted" or left in that bag.

Bags look alike, in fact, upon closer inspection maybe that wasn't even your bag.

Good luck mate, its your call.

If you value your freedom more than you do PUFFING on dried, leafy vegetable matter, leave the weed alone and stay FREE to make money!

Money is worth more than smoking some dried, leafy, greenish vegetable matter and maybe giving yourself LUNG CANCER!

All of my life I've eagerly, aggressively pursued making money, lots of money.

Today that money is making more money for me through interest and investments.

Think mate, money or dried plant matter!

Choose wisely.

 

[robbybob]

Thanks, very wise words. I have already quit as a result of this incident actually, hopefully I can keep it going. I will update you guys on Monday to let you know how it went.

 

[adjusterjack]

Like if they offered to reduce it to a traffic violation or really anything non drug related?

Unlikely. But not only that, talk of a plea could be a ploy to get you talking. Anything you say can and will be used against you. But anything your lawyer says can't be used against you.

You can wait until this is resolved to get back to the casino.

 

[robbybob]

Alright friends I did the deed and requested a postponement for time to look for an attorney. The judge offered March 11th and I asked her for even more time and was given March 18th.

So now I'm on to the seemingly impossible and overwhelming task of finding the right lawyer. I have no friends in New Jersey really and no leads as to who is good or not. I try to look for reviews on Yelp and other places but either the lawyers barely have any reviews, or they have several suspicious glowing ones from similar time periods (probably fake). I was able to do two free consultations over the phone with local AC lawyers and one sounded... not that bright, while the other sounded competent but really drove home his payment demands to the point where I was turned off by the end.

Would anyone be able to help me figure out how to decide who to choose? Are there any good resources for this I'm unable to find? I really don't even know where to begin and the thought of picking someone subpar terrifies me. I feel like I could never decide this on my own just by talking to them

Thank you all very much!

 

[mightymoose]

Choosing a lawyer is something you must decide on your own, however there is a link at the bottom of this page that might help you find some contacts.

 

[flyingron]

You can always start with the county bar association referral service: Atlantic County Bar Association