Being charged with a narcotic drug offense in New Jersey requires the experience of a criminal defense drug attorney who has the legal knowledge and skill acquired over many years of preparing, counseling and trying hundreds of these types of cases. No two cases are alike, and every case poses its own set of unique facts which poses its own set of problems.
In every drug case the attorney must first make an analysis of the strength of the State’s case to determine best how to succeed. Is this a case best left for a quick resolution or a plea? Is this a case in which the evidence should be thrown out because there was a violation of the defendant’s Fourth Amendment right in the method in which evidence was obtained? This type of analysis takes the skill of an attorney who understands the probability and likelihood that such a motion will succeed based on the law and facts of the individual case.
For purposes of example, on December 6, 2011, in Hudson County Superior Court, I was able to obtain a complete dismissal of a narcotics drug case in which the defendant was charged with possession and intent to distribute Phencyclidine or commonly known on the street as PCP, within 500 feet of a public park. In this case the credible evidence lead to the conclusion that the strike force detectives that had made the automobile stop lied about making a cell phone call to the defendant’s cell phone in connection with a prearranged sell to the undercover agent.
After further investigation by subpoenaing the phone records of the defendant and comparing them to the CAD and dispatcher reports it was ascertained that the strike force officers had lied about the time of the call. In that case the phone call to the defendant at a certain time was critical the credibility of the officers testimony. The results, before the motion was to be heard by the Court, the Hudson County Prosecutor’s Office dismissed all charges.
In that case the undercover police officer stated in the police report that he had made a cell phone call to the defendant’s phone while the defendant was still in the automobile to determine whether the phone number in which he had the previous phone conversation with the alleged potential seller, rang while the officers stood over the vehicle to listen to the ring. This was done according to them to establish and identify the potential seller. However, in truth the call by the police was never made because the phone of the defendant was turned over prior to the officers approaching the vehicle. Therefore, it was established that the phone call was never made by the police officer and that information contained in the police report was a bold face lie.
Nonetheless, the officers not being able to consummate the deal decided to follow the defendant’s vehicle several miles and pulling the defendant over next to a public park. Continuing to lie the officers than claimed that after stopping the vehicle the defendant just so happened to admit to the crime and pull from his pocket a quantity of narcotics which was a complete lie. In truth the officers after the stop immediately pulled the defendant out of his vehicle with guns drawn and immediately search the defendant and vehicle without probable cause.
In the end the lies of the police officers were completely exposed and all charges were completely dismissed. Of course, the Hudson County Prosecutor’s Office never brought charges against the police officers for official misconduct and preparing a false police report.
Law Office of Vincent J. Sanzone, Jr.
Elizabeth, N.J.
Tel. No. (908) 354-7006
Dated: December 20, 2011
Hudson County Criminal Defense Attorney, Jersey City Criminal Defense Attorney, Jersey City narcotics attorney.
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