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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27428
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What is the worst the judge could sentence him to in NJ given

Resolved Question:

What is the worst the judge could sentence him to in NJ given the history?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 5 years ago.
Hello again! Thank you for requesting me for your new question!

Please respond to the following so that I will better be able to respond to your question:
1. Under which statute was he charged? It should appear as a series of numbers on any documentation he's received.
2. What history are you referring to?

Thanks!
Customer: replied 5 years ago.
1. constructive possession of a small amt. of marijuana. I haven't' received the actual charge yet in the mail.
2. hx of going thru NJ CHAT prgm for being stoned and charges being dismissed in Nov.
Expert:  AttorneyTom replied 5 years ago.
Thank you for your message!

I'm going to open your question up for other to review as well. Please be patient and someone else may have some additional input shortly.

Thanks!
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

Your son is still a juvenile. As he already had on offense like this in his past and got a diversion disposition, he would not get it again. This is, however, a disorderly person's offense unless it was charged as being near the school or the amount in question was over 50 grams. As such, the worst he would be looking at is 6 months of jail and/or a $1,000 fine.

Constructive possession only means was that the police were unable to determine which of the people involved had the drugs, and so he can arrest all of them as co-defendants. Although the doctrine of constructive possession means that all in the incident can be charged alike, evidence might be stronger as to one than the other. Sometimes, it can mean a dismissal for one of the co-defendants, other times not. It's going to be dependent upon the facts and circumstances of the case.

Because you can't assume that this will be a dismissal, you would want to make sure he is represented by an attorney.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27428
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 2 other Criminal Law Specialists are ready to help you