Drunk Driving & DUI of a Narcotic Sentencing in New Jersey

New Jersey Marijuana Defense Lawyer, Anthony N. Palumbo www.palumbo-renaud.com/PracticeAreas/Marijuana-Offenses.asp

New Jersey has very severe laws for drunk driving and driving under the influence of drugs and the consequences for these actions can be life altering.  Consider a recent case in which a 19-year-old man just at the beginning of his adult life was sentenced to 18 years in prison for crimes that resulted from his alcohol and marijuana related actions.  Consider the fact that his crime, though intentional under the law, did not require any plan or deliberation to harm another human being.  He made a terrible mistake and as a result someone died, and his life was also ended in a very substantial way for he will spend the better part of the next twenty years in prison. In the case, the 19-year-old college convict drank a 12-pack of beer, took a shot of vodka and smoked marijuana before getting behind the wheel.  Often times people who are seriously inebriated fail to realize the truthfulness of their state and think they can drive.  That night, he smashed into a young girl’s car, killing her and seriously injuring her passenger. 

Three years ago, he pled guilty to aggravated manslaughter, aggravated assault, and driving under the influence of alcohol and marijuana.  He was sentenced to 18 years in prison and he must serve 15 of them before becoming eligible for parole.  His attorneys appealed his conviction and the appellate court agreed that the sentence should be reconsidered on grounds that it was excessive and not enough weight was given to mitigating factors.  However, the Supreme Court of New Jersey did not agree and affirmed the original sentence in a 4-3 ruling.  The Supreme Court found that the lower court stayed within the criminal code sentencing guidelines and followed relevant case law in making the decision and was therefore within their rightful discretion in doling out the sentence.     

My name is Anthony N. Palumbo and as a criminal defense lawyer with over 35 years of experience in New Jersey, I have often handled cases of this magnitude and I know how difficult it is for all the parties involved.  Cases like this require a combination of hard-line defense tactics, sensitive negotiation, and adjusted strategy based on the presiding judge and prosecutor.  If you have been involved a marijuana, drug or drunk driving incident that has resulted in serious consequences, I am prepared to assist you with your crime and I am available to you for a Free Consultation any time at 1-866-664-8118.  For more information about drunk driving and drug charges in New Jersey, visit my website at www.palumbo-renaud.com/PracticeAreas/Other-Drug-Offenses.asp today.

Arrested for Marijuana Possession and Distribution in Bayonne New Jersey

New Jersey Marijuana Defense Lawyer, Anthony N. Palumbo

www.palumbo-renaud.com/CM/Custom/Possession-Marijuana-and-Other-Drugs.asp

 

Last week in Bayonne, New Jersey, two men were arrested after authorities caught them transporting 600 pounds of marijuana in a tractor trailer.  The marijuana had an estimated value of $2 million dollars.  Officers were merely on routine patrol when they spotted the tractor trailer and slowed down to investigate.  When they neared the vessel, a group of people dispersed in different directions.  Two men were caught inside of the truck with 600 pounds of marijuana and were arrested.  The investigation is still underway as police search for the other individuals involved.  While the charges against these men have not yet been specified, it would be very unlikely for distribution charges to not be brought.  There is after all 600 pounds of circumstantial evidence suggesting the marijuana was not for personal use.  In New Jersey, distribution of marijuana of more than 25 pounds of marijuana is a 1st degree crime which carries 10 to 20 years in prison and up to $300,000 in fines.

My name is Anthony N. Palumbo, Union County marijuana defense lawyer and former local prosecutor and I have been defeating marijuana charges for almost forty years.  I have successfully defended clients charged with all types of marijuana offenses including indictable distribution crimes involving hundreds of pounds of marijuana and minor disorderly persons charges.  In the vast majority of my cases, I obtain extremely favorable results for my clients and I may be able to do the same for you.  Contact me today for a free and confidential discussion about your rights at 1-866-664-8118 or visit my website at www.palumbo-renaud.com/PracticeAreas/Marijuana-Offenses.asp
 for more information about marijuana charges in New Jersey.

Charged with Being under the Influence of CDS in New Jersey

New Jersey Marijuana Defense Lawyer, Anthony N. Palumbo

www.palumbo-renaud.com/PracticeAreas/Marijuana-Offenses.asp

Laws are important and exist for a reason but sometimes they can hurt more than they help.  Consider a recent New Jersey case in which police responded to a call from a small store after a young man, 18-years-old, began having stomach problems.  The police arrived and arrested him for smelling like marijuana and he was later brought to the hospital and charged with being under the influence of a controlled dangerous substance.  This is the type of situation that encourages young people to withhold from seeking help when they are sick from drugs.  It is the type of situation that encourages harm rather than help.  Luckily this person made the right decision and called the authorities, but there are other young people who may not make this decision in fear of legal retaliation and can ultimately end up losing their life. 

 

Therefore, it is important to note that being under the influence of a controlled dangerous substance is only a disorderly persons offense.  If you find yourself in a situation like this, get rid of your drugs to avoid a possession or distribution charge and then call for help.  A disorderly persons offense can be easily dealt with by an experienced criminal attorney.  My name is Anthony N. Palumbo, New Jersey criminal defense lawyer and while a disorderly persons offense carries up to 6 months in prison, I am almost always able to have prison time eliminated and my clients’ record ultimately cleared.  Keep this in mind if ever you find yourself in a situation like the one above.  For questions about drug crimes in New Jersey contact me at 1-866-664-8118 for a free consultation or visit my website at www.palumbo-renaud.com/PracticeAreas/Conviction-Marijuana-Offense.asp

 

 

Public Park Marijuana Charges in Franklin Township

New Jersey Marijuana defense lawyer, Anthony N. Palumbo

www.palumbo-renaud.com/PracticeAreas/Marijuana-Offenses.asp

There are many factors that play into the resulting charges for distribution of marijuana in New Jersey.  One of those factors is the amount of marijuana involved, but another factor not as widely realized is the location in which the marijuana was distributed.  Most people are aware that dealing drugs near a school can result in serious penalties, but in New Jersey, dealing drugs within 500 feet of a public park, public facility, or public housing complex also results in increased charges.  For an example of how a typical marijuana distribution charged is increased when distribution occurs within 500 feet of a school zone, consider a recent New Jersey case in which a Somerset man was charged with possession of marijuana with intent to distribute within 500 feet of a public park along with various other drug related charges.  The charges arose after an undercover agent purchased the drugs from the defendant at his home which was situated within 500 feet of the park.  After a raid on the defendant’s house, police confiscated a quarter pound of marijuana with a $1,000 street value.  

Under the applicable New Jersey statute, when a person is caught distributing less than 1 ounce of marijuana within 500 feet of a public park, public facility, or public housing complex, the distribution charge is upgraded to a third degree crime which carries 3 to 5 years in prison on conviction.  For more than 1 ounce of marijuana or any other drug, the charge is upgraded to a second degree crime which carries 5 to 10 years in prison on conviction.  Unfortunately, it is not a defense that the defendant was unaware of his location. 

My name is Anthony N. Palumbo, New Jersey marijuana defense lawyer and I handle this type of charge on a daily basis.  Despite the fact that lack of knowledge is not a defense, there are several complicated defenses that can be exercised on a person’s behalf when charged with this crime.  If you have been charged with possession of marijuana with intent to distribute within 500 feet of a school zone, it is important to choose an attorney who is familiar with these defenses.  For a free and confidential consultation about your case, contact me today at 1-866-664-8118.  I also encourage people to visit my website at www.palumbo-renaud.com/CM/Custom/Marijuana-Sale-and-Distribution.asp
 for more information about marijuana crimes in New Jersey.

NJ sets guidelines for medical marijuana use

New Jersey Marijuana Defense Lawyer,  Anthony N. Palumbo

www.palumbo-renaud.com/PracticeAreas/Marijuana-Offenses.asp

In six months, the bill legalizing medical marijuana in New Jersey will go into effect and New Jersey will officially be the fourteenth state to legalize marijuana for medicinal purposes.  Each of the fourteen marijuana states retains individual guidelines on how the marijuana is grown and distributed to the medicinal users.  While some of New Jersey’s guidelines are still being followed, other rules have been determined. Thus far, New Jersey is considered the strictest state with respect to its guidelines. 

 In New Jersey, in order for a patient to sign up for the program, a physician must make a recommendation on behalf of the patient and the patient must be a resident of New Jersey. 

In order to qualify for medical marijuana use a person must have one of the following conditions: cancer, Lou Gehrig’s disease, glaucoma, seizure disorderly (epilepsy), multiple sclerosis, HIV/AIDS, muscular dystrophy, Inflammatory Bowel Syndrome (Crohn’s disease), severe muscles spasms, any illness in which patient will die within the year or approved by state health department. Minors may qualify as patients so long as their parents consent.  If the patient qualifies, he will be issued an identification card containing his name, address and photo as well as the name of his primary caregiver (the person who will retrieve the drug for the patient). 

 The medical marijuana must be produced and distributed at alternative treatment centers (special pharmacies).  All individuals who wish to operate these centers must pass a criminal background check.  The alternative treatment centers are the only places where the marijuana can be produced.  In other states, patients may grow the marijuana, but this option is not allowed in New Jersey.  How the marijuana is dispensed has not exactly clear yet.  Under the bill, marijuana that may be dispensed is in the form of dried leaves and flowers, not including sees or stems.  Furthermore, patients will consume the marijuana in different ways.  While some of them will smoke it, others will use vaporizers, oils, or will put it in their food.

 Patients are allowed to receive up to 2 ounces a month, approximately 56 grams or 56 marijuana joints.  Both the application fee and the fee for marijuana have not yet been determined. All that is required under the law is that the price is reasonable.  Other states charge between $100 and $150 for an ounce.  There may be a discount for low income patients, but most insurance companies will not cover the cost of medical marijuana. 

 Patients are not required under the law to use the marijuana at their homes, but when they are under the influence, they cannot operate any kind of vehicle, vessel or heavy equipment and they cannot smoke in a school bus or in any kind of public transportation.   They can however smoke in a private vehicle if it’s stationary and not on school grounds or anywhere in which smoking is not allowed.  Individuals who sell their prescription to another will be charged with a third degree crime and will face 3 to 5 years in prison on conviction.

 My name is Anthony N. Palumbo, New Jersey marijuana defense lawyer.  This new bill will undoubtedly have an effect on all marijuana users throughout the state. During the passage of the bill, many individuals advocated against it on grounds that it would cause widespread drug addiction in New Jersey and now that the bill has been passed, New Jersey police may come down hard on illegal users to ensure that these new laws are strictly enforced without violation.  If you have been charged with a marijuana crime in New Jersey, I am prepared to assist you.  I handle marijuana cases on a daily basis and have a reputation for eliminating jail time, cutting fines and clearing criminal records.  To discuss your case in a free and confidential consultation, contact me today at 1-866-664-8118 or visit my website at  www.palumbo-renaud.com/CM/Custom/Possession-Marijuana-and-Other-Drugs.asp

 

 

Arrested for Marijuana in Linden New Jersey

Union County New Jersey Marijuana Defense Lawyer, Anthony N. Palumbo

www.palumbo-renaud.com/CM/Custom/Possession-Marijuana-and-Other-Drugs.asp

In most marijuana cases in New Jersey, when a driver is arrested for possession of marijuana in a vehicle the traffic stop takes place for purposes unrelated to drugs.  For example, a recent marijuana charge in Linden took place after arresting officers pulled over a vehicle for speeding, sometime after 2 a.m. on Sunday.  Although the traffic stop could have easily resulted in a minor speeding ticket, the officers on the scene smelled burning marijuana when they approached the vehicle and an arrest took place.  The driver was charged with possession of marijuana and possession of drug paraphernalia and the passenger was charged with possession of marijuana.

 In New Jersey, charges for possession of marijuana vary based on the amount of marijuana involved.  Possession of less than 50 grams of marijuana is a disorderly persons offense which carries up to 6 months in prison and $1,000 in fines if a conviction results.  An experienced marijuana attorney can often negotiate for no jail time with respect to a disorderly persons offense through an alternative sentencing program. Possession of more than 50 grams of marijuana is a fourth degree crime which carries up to 18 months in prison if a conviction results, but like a disorderly persons offense, an alternative sentencing program can often be used to circumvent the charge.  Possession of marijuana paraphernalia results in an additional disorderly persons offense, and when drugs are found in a vehicle, another charge for possession of drugs in a car is also common.

 My name is Anthony N. Palumbo, Union County marijuana defense lawyer and former local prosecutor and I have been defeating marijuana charges for over thirty-five years.  I have successfully defended clients charged with all types of marijuana offenses including indictable distribution crimes involving hundreds of pounds of marijuana and minor disorderly persons charges.  In the vast majority of my cases, I obtain extremely favorable results for my clients and I may be able to do the same for you.  Contact me today for a free and confidential discussion about your rights at 1-866-664-8118 or visit my website at www.palumbo-renaud.com/CM/Custom/Possession-of-Marijuana-Paraphernalia.asp  for more information about marijuana charges in New Jersey.

Linden Arrest for Distribution of Marijuana

Union County New Jersey Marijuana Defense Lawyer, Anthony N. Palumbo

www.palumbo-renaud.com/PracticeAreas/Marijuana-Offenses.asp

Often in marijuana cases the only evidence to support a distribution of marijuana charge is circumstantial.  For an example of circumstantial evidence, take a look at a recent Linden marijuana case in which two individuals were charged with possession of marijuana, possession of marijuana paraphernalia, distribution of marijuana, and distribution of marijuana within 500 feet of public property after a two-month long investigation.  After the defendants’ residence was searched the police found over 4 ounces of marijuana in a large bag.  Circumstantial evidence included 37 smaller bags of marijuana that were also found, empty plastic bags, and over $1,000 in cash that was confiscated by police.  The amount of marijuana present is also circumstantial evidence of an intent to sell because it is more than necessary for personal use.  Often the only direct evidence of an intent to distribute is what the defendant says to police once apprehended.  This is one of the many reasons why it is important to remain silent while in police custody until an attorney arrives.  

My name is Anthony N. Palumbo, New Jersey marijuana defense attorney and I cannot tell you how important it is to withstand the desire to speak freely with police.  While in the case above, the circumstantial evidence is extremely strong, in many cases it is not and the defendant inadvertently provides the necessary evidence to establish a conviction.  Once arrested, people are often inclined to divulge information to the police, especially when they feel they’ve been caught red-handed, but this is a terrible idea for all too easily the confession can be the only admissible evidence.  If you have been arrested for marijuana charges in New Jersey and would like to speak to an experienced marijuana defense lawyer about your rights, contact me today at  www.palumbo-renaud.com or call 1-866-664-8118.  I will provide you with a free and confidential consultation and if you choose to retain my services together we’ll build a hard-line defense against your charge.

Drug Distribution & Possession with Intent to Sell Marijuana in New Jersey

Union County  NJ Marijuana Defense Lawyer , Anthony N. Palumbo

www.palumbo-renaud.com/PracticeAreas/Marijuana-Offenses.asp

Clients who’ve been arrested for marijuana crimes often inquire as to the difference between ‘marijuana distribution’ charges and ‘possession of marijuana with intent to sell’.  When it comes to marijuana charges and penalties in New Jersey both are codified under the same New Jersey statute.  Whichever term is used, the amount of marijuana that warrants the charge is the same.  For example, 25 pounds or more of marijuana warrants a first degree crime and up to $300,000 in fines. 5 or more pounds of marijuana, but less than 25 pounds warrants a second degree crime.  1 ounce or more of marijuana, but less than 5 pounds warrants a third degree crime and up to $25,000 in fines.  Less than 1 ounce marijuana warrants a fourth degree crime.

 When a person is charged with possession of marijuana with intent to distribute, it often means that police have arrested someone who has enough marijuana in their possession to indicate that the drug is not simply for personal use.  A person does not need to be caught openly distributing to be charged with distribution so long as the surrounding circumstances warrant an intent to distribute.  Intent can be drawn not only from the amount of marijuana in possession, but also in how it is packaged, the presence of paraphernalia, the street value, and passed transactions viewed by police.  When police are investigating drug crimes, they will often watch people purchase drugs and sell them later on more than one occasion before carrying out an arrest.  This was the situation in a recent New Jersey case in which two adults in their twenties were arrested for possession of marijuana with intent to distribute in New Jersey after the police watched them sell marijuana on several different occasions over the past few months.  The passed transactions that were viewed by the police may be used as evidence at trial of an intention to distribute. 

 My name is Anthony N. Palumbo of the firm Palumbo & Renaud, and I have personally been successfully defeating marijuana charges for over thirty-five (35)years.  I handle an average of ten marijuana cases each week throughout Union County and New Jersey.  As one of the most highly respected criminal defense lawyers in the state, my objective is to obtain the best result possible as quickly as possible for all my clients.  There are many ways to resolve marijuana crimes, and in the vast majority of marijuana cases that I handle, I obtain extremely favorable results.  If you have been charged with a marijuana offense in New Jersey, and would like to have an open and confidential discussion about your case with an experienced lawyer, contact me today at 1-866-664-8118 for a free consultation. 

New Jersey Man Arrested on Multiple Counts of Marijuana Possession & Distribution

Anthony N. Palumbo, Union County NJ Marijuana Criminal Defense Lawyer

www.palumbo-renaud.com/CM/Custom/Marijuana-Sale-and-Distribution.asp

I’d like to discuss a recent investigation that resulted in three arrests and multiple marijuana charges in New Jersey including fourth-degree conspiracy to distribute marijuana, fourth-degree distribution of marijuana, third-degree distribution of marijuana, possession of marijuana, and possession of drug paraphernalia.  Several months ago, an investigation started when an undercover cop negotiated a marijuana sale with two men.  The men led the officer to a residence where the sale took place with a third individual who owned the residence.  Weeks later, the undercover officer negotiated another sale with the residence owner, and later negotiated a subsequent sale as well.  A little less than two weeks later, the officer contacted the dealer again and negotiated a fourth sale.  This time there was a task force in the area and after the sale New Jersey law enforcement officers arrested the man.  A search warrant was executed for the man’s home and officers recovered less than one ounce of marijuana, and drug paraphernalia including a tiny scale.  The marijuana had a street value of merely $750.  

 This case goes to show that New Jersey law enforcement is coming down hard on even minor dealers in New Jersey.  Less than one ounce of marijuana is not a lot of marijuana in the scheme of things, especially when so much time was spent canvassing this individual.  Officers watched him make four transactions before arresting him.  In any event, it is important to be aware of the consequences for dealing drugs in New Jersey, even for minor amounts.  I handle cases every week that are similar in nature to the one described above, and in these situations multiple charges almost always result.  Each of these charges carries individual sentences on conviction.  A second degree crime carries 5 to 10 years in prison, a third degree crime carries 3 to 5 years in prison, and a fourth degree crime carries up to 18 months in prison.  Additionally, these charges come with severe fines. 

 When a client comes to me with this type of case, there are several steps that I take in building a defense.  First I analyze all the evidence and asses the strengths and weaknesses of the case.  From there I discuss the available legal strategies with the client, taking into consideration the client’s wishes.  Sometimes a better outcome can be obtained by settling, and other times it is best to take a case to trial.  Many factors go into this determination including the client’s desire to negotiate, mitigating circumstances that could reduce penalties and fines in a plea, and defects in the prosecution’s case that could lead to dismissal.  While I obtain favorable outcomes in the vast majority of my cases, marijuana charges in New Jersey are serious, and result in many legal obstacles that must be overcome.

 If you have been charged with a marijuana crime in New Jersey, I can assist in your defense.  I am often able to protect my client’s freedom by eliminating jail time and reducing fines.  If you would like assistance resolving your marijuana charge in New Jersey, contact me today for a free consultation about your situation at 1-866-664-8118.  I have been successfully defending individuals charged with marijuana crimes for over 35 years, and I can obtain a favorable outcome for you.   

New Jersey police investigate marijuana crimes

Anthony N. Palumbo, New Jersey Marijuana Defense Lawyer

www.palumbo-renaud.com/PracticeAreas/Growing-Marijuana-Operating-Facility.asp

Recently, New Jersey police confiscated over 1,000 marijuana plants and three additional pounds of marijuana, plus approximately $100,000 in cash as part of an ongoing drug investigation in New Jersey and Pennsylvania.  Search warrants were issued on Friday, November 20, 2009 to search various locations.  Although the drugs were confiscated, many details have not yet been released including the exact locations where the confiscations took place because the investigation is still in progress.  However, it is known that the New Jersey State Police and the Drug Enforcement Administration are involved.

 In New Jersey confiscation of 1,000 marijuana plants can result in a first degree drug distribution charge as does any amount over 50 pounds. In addition, if the following elements are present: (1) a premises was used to make marijuana; (2) the quantity was greater than 5 pounds or ten plants; (3) the accused operated the premises; and (4) with the intent to make marijuana, then any amount over 10 plants, can results in a first degree operating a drug facility charge.  First degree charges in New Jersey carry 10 to 20 years in prison if a conviction results.  

 For more information on marijuana charges in New Jersey, visit me, Anthony N. Palumbo, New Jersey Criminal Defense Lawyer, at my website at www.palumbo-renaud.com/PracticeAreas/Marijuana-Offenses.asp
 I have been defending individuals against marijuana charges in New Jersey for over 35 years.  Whether your charge is a minor marijuana offense or a serious drug distribution charge, I will aggressively defend your charge, and exercise every possible avenue of relief.  This is why I am one of the most successful drug defense lawyers in New Jersey.   To speak openly with an experienced lawyer about your charge, contact me at 1-866-664-8118 for a free consultation.