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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87079
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my sons friend left under 50 grams of maijuana in my sons car

Resolved Question:

my sons friend left under 50 grams of maijuana in my sons car the cops asked the kid if it was his he said no so they arrested my son because it was his car now he needs to go to court for disorderly conduct what are the chances of him pleading not guilty and them dropping the charges or for him to get his record expunged if they find him quilty , its just a ticket but my son doesnt want to plead guilty to something he isnt guilty of.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Ely replied 2 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

Is your son 18 or older, or younger? Does he have a criminal history?

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Customer: replied 2 years ago.
he is 19 and no he does not have a criminal history
Expert:  Ely replied 2 years ago.
Thank you.

I am sorry for your son's situation. First of all, please understand that it a rebuttable presumption that the marijuana is his. Saying that it is "his friend's" (even if it is) is generally not believed very much, unless the other friend is willing to admit to it and be charged - unlikely.

He can always plead "not guilty" - this is not a "chance" but his choice, and individuals in his situation should plead not guilty, and have the matter reset and retain an attorney.

Then he will have a choice to take either the plea deal that the prosecutor offers, or take a chance at trial. If he has little or not record, the offer may be a good one and worthy of accepting, but it is his choice in the end.

Under New Jersey Expungement Statutes 2C:52-5, youthful offenders may be able to expunge their records. However, it is best to avoid a conviction all-together. No decision should be made before discussion with an attorney.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

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Customer: replied 2 years ago.
What would be the common penalty for something like this
Expert:  Ely replied 2 years ago.
Possession of under 50 grams - N.J.S.A. 2C:35-10(a)(4) - is punishable by up to 6 months in jail.

Possession of under 50 grams - N.J.S.A. 2C:35-10 - is a Fourth Degree Offense. A Fourth Degree charge is a felony, carries up to eighteen months in jail, gives rise to a felony record, and involves a fine of up to $25,000.00.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87079
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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