-- In a recent episode of Legal Insights podcast, top criminal defense attorney David Polsky, founder at David W. Polsky Law, revealed how to get marijuana charges dismissed in Totowa, New Jersey.
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When asked for a comment, Polsky said because marijuana has been decriminalized in many US states, many people incorrectly assume that they won’t be charged for marijuana possession.
“In New Jersey, nothing can be further from the truth. 36,000 people were charged last year alone in the state of New Jersey, so it’s something that they are actively pursuing,” he added.
When asked what someone should do when charged with possession of marijuana, he said, “Number one is that you have to comply. You’ll never want to give a police officer a hard time. You have to follow their orders, and you’ll deal with the charge later in court.”
Fortunately, Polsky added, there are several legal defenses to be deployed when facing a charge.
“A great legal defense is forcing the state to produce a lab report. Just because law enforcement finds something in your car, it has to be certified by a state lab,” he said
According to Polsky, due to the sheer number of cases going through the system, the state is not able to produce these lab results quickly enough. While the state is waiting for the report in order to prove the case, Polsky says that it provides defense attorneys with the opportunity to seek plea deals.
In other words, any attorney representing someone who has been charged with possession of marijuana should always demand to prove marijuana through a lab report, because that's a very good defense.
Polsky also added that another defense that exists is a "get out of jail free card" that clears charges for first-time offenders.
When asked to elaborate, he said, "You don't have to plead guilty, you don't lose your license, you don't get a criminal record - but in exchange, you have to do this probationary period where you stay out of trouble for usually six months to one year, and you're subject to random drug tests. And as long as you pass them, a judge will sign an order, and your case will get dismissed."
If someone is charged with marijuana possession, Polsky said, “The first thing I would tell people is to not lose sleep over it. Although the consequences can be very serious, there are things that can be done.”
He added that anyone going up against a charge should always show up in court when told and to hire an attorney who won't fight the system but who knows how to navigate the system and court.
“You can absolutely minimize these charges and hopefully just go on with your life. That’s what we always try to do with our clients,” Polsky said.
Source: http://RecommendedExperts.biz
Contact Info:
Name: David W. Polsky
Email: Send Email
Organization: Law Offices of David W. Polsky
Address: 264 Union Blvd, Totowa NJ, 07512
Phone: 973 980 4966
Website: https://polskylegal.com/
Source URL: http://RecommendedExperts.biz
Release ID: 88937486
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