Possession of CDS in a Motor Vehicle and Possession of Less than 50 Grams of Marijuana Charges Dismissed

About 3 months I was hired to defend a client charged with possession of less than 50 grams of marijuana and possession of CDS in a motor vehicle. The charges originated out of Newark.

My client was a first offender, and as such, he was conditionally discharge eligible. However, given certain extenuating circumstances, the conditional discharge program would be a problem. The condition discharge program is usually a good option for those facing first time drug offenses because it affords the defendant the opportunity to avoid conviction and license suspension. In this particular case, it was not a viable option.

Therefore, we had to contest the charges, thus exposing my client to up to a 2 and a half year loss of license, a criminal conviction for drugs, and a fine of up to $1000.

This matter was  a case study in diligently pursing the procedural aspects of a criminal matter. I say this because when a criminal defense lawyer takes the proper steps to protect his clients rights pre-trial, then a disposition like the one reached here may result, without having to expose a client to the harsh possibility of a guilty verdict.

In many instances, a criminal case (and DWI cases) may boil down to deadlines. It is frequently the responsibility of a good criminal lawyer to create those deadlines. More importantly, it is his duty to monitor those dates, and seek to enforce them through motion practice.

In this case, I did just that, and it paid off, as the State was unable to proceed on the criminal complaint, and agreed to dismiss the other charges as a result.

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One response to “Possession of CDS in a Motor Vehicle and Possession of Less than 50 Grams of Marijuana Charges Dismissed

  1. Defendant in MV CDS/Poss

    I was horrified by the possibility that I would have unjustly received a criminal record. Although I was nervous and visibly shaken by a prosecutors attempt to burn my reputation, Todd Palumbo remained confident and unmoved.

    Initially, Todd recommended due dates for the state to provide documentation of an arrest. After one documented request, the state did not provide the police report during the next 4 court appearances. At the 4th appearance possession of <50g of Marijuana and paraphernalia charges were dropped due to Todds relentless enforcement of due dates. Although the state prosecutor and judge would not drop the CDS in a MV ticket and unsafe lane change. The judge decided to allow one more court appearance (2 weeks) for the police report to be submitted.

    At the final appearance, the police officer showed up with documents and studied them ruthlessly with the prosecutor. The only time I felt confident (and each time in court) was when Todd entered the court room. The prosecutor attempted to reopen the criminal charges but Todd squashed that as fast as possible and even attempted to use the dropped charges as precedence to drop the traffic tickets.

    The Conditional Discharge program can result in a dismissal of charges and an expungement after a lengthy period of time. However, my career goals were not in line with having this type of record. Upon Todds suggestion that this was an option, I immediately said that it was not a viable one. He did not push for me to take it because he knew what I wanted. He was confident he could defend me in trial just based on a few facts of my case. A true testament to an experienced criminal defense lawyer.
    Todd obviously used several methods to defend my innocence. In the end the prosecutor and officer dropped all criminal and traffic charges against me besides one that is not a related drug charge. Best of all, because of the dismissal, within 6 months my record will be expunged and I can move on with my life.

    A criminal drug charge ruled my life for almost 4 months to the day when Todd successfully defended me in court. He was always open and honest about the possibilities of the initial and reduced charges as well as associated penalties. He kept me informed and up to date. There is nothing else to say but thank you for all your help and time.

    -defendant in CDS in MV and CDS possession/paraphernalia

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