I reached a nice result for another Essex County client today. I defended an individual charged with numerous drug related charges including possession with intent to distribute oxycodone, possession of heroin, possession with intent in a school zone, and other serious offenses. My client was facing significant jail time, a period of parole ineligibility, and massive fines.
I was able to identify multiple search and seizure issues and convince the State that their witnesses’ credibility was questionable. I proposed that the defendant plead guilty to loitering for the purpose of obtaining a CDS in violation of NJSA 2C: 33-2.1., a disorderly persons offense not under the drug statutes, fines only, and no probation. The rest of the charges would be dismissed as part of the plea agreement. Given the severity of the original charges, the prosecutor was hesitant. However, the State placed the plea recommendation before the Judge, who, after some convincing, accepted it.
This was a great outcome in a case where the defendant could have been sent to jail for many years. However, I did not have to look any further than the police narrative to find the issues that lead to this great plea deal. Frequently, the answers are right before our eyes, and it is a fundamental necessity that all the discoverable documents be stringently scrutinized. Otherwise, one could miss the obvious.