We like to report on particularly good results and interesting issues that our defense attorneys encounter in handling criminal cases in New Jersey. Yesterday, we were fortunate enough to achieve a dismissal of prescription drug possession and related offenses filed against our client in Monmouth County. This particular client had an extensive prior felony record and was looking at multiple third degree charges stemming from prescription drugs, specifically Valium pills, that were found to be in his possession following a routine motor vehicle stop.
New Jersey has a “constructive possession” law when it comes to drug charges. In this particular case, law enforcement claimed that our client was in constructive possession of the Valium that was discovered in the glove compartment of the vehicle. We asserted various defenses to the indictment and criminal charges. In this regard, while the motor vehicle was in the custody and control of our client, it was our position that he lacked knowledge of the existence of the drugs such that he could be deemed in constructive possession of the same.
Although our client was indicted on the charges, we were ultimately able to achieve a dismissal of the case filed against him. It is always satisfying to obtain a dismissal of criminal charges outright such that our client can avoid the impact of a felony conviction. This outcome was very important in this case as our client had four prior felony convictions and was undoubtedly looking at years of state prison time if convicted. Needless to say, the client was estatic with the result and so was I.