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Articles Posted in Drug Crimes

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We’ve sometimes got trouble, right here in Holmdel township, with a capital T and that rhymes with P and that stands for the PNC Bank Art Center. This popular music venue in Holmdel has provided a venue for musical acts from symphonies to Sinatra to Springsteen to Phish to Sting over the years – but the festival environment has also spawned more than a little bit of trouble in the form of dozens of drug arrests, underage drinking, DUI arrests, fights, shootings.

If you’re a music fan who gets into trouble with a capital T, the first person you should talk to is Holmdel criminal defense attorney Tara Breslow-Testa. She is experienced with a capital E and can reduce possible sentences, fines and future consequences for anyone arrested around the PNC Bank Center.

PLEASANT VALLEY

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marijuana

Whether you call it weed, pot, Mary Jane, grass, herb, or just plain old marijuana, it is no secret that the times – and the laws – are changing with respect to the usage of cannabis.

At least eight states have legalized cannabis for recreational usage, and about twice that number currently allow medical marijuana use. Thus, marijuana is now legal in about half of the states for one purpose or the other.

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Teenage-Boy-Buying-Drugs-On-Th-71783635-300x225A group of law enforcement agencies dubbed “Operation Justice Served”, consisting of many federal, state, county, and local officials, arrested 42 individuals over the last month for their involvement in a drug trafficking network.

Prosecutor Christopher J. Gramiccioni announced that the arrests were connected to a distribution network operating out of Freehold, New Jersey. The charges include possession and distribution of a number of different controlled substances including: heroin, cocaine, marijuana, and prescription pain medications classified as opiates, such as Oxycodone and Percocet.

“The joint efforts of these multiple law enforcement agencies involved in OPERATION JUSTICE SERVED have accomplished the mission of taking down this local drug trafficking network responsible for bringing drugs into the county and threatening quality of life and the safety of residents.” Gramiccioni said.

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Car_20Accident_202-300x199Monmouth County judge sentenced a former Long Branch resident to jail for fatally hitting and killing a Monmouth County University student while under the influence of drugs.

Joseph Stovall, 48, was sentenced Friday, November 4th for accident that occurred on September 11th, 2013. Stovall, under the influence of Xanax, crashed into two cars that were parked because of an earlier fender bender on Jolin Avenue in Long Branch. Victoria Tropper, 21, and Thomas Triano, 49, of Cherry Hill, NJ were the two drivers involved in the earlier fender bender. While exchanging information, Stovall swerved, crashing into Tropper and her car, killing the senior psychology student on impact. Triano, whom was lucky to survive, walked away with several cuts. Stovall pled guilty on June 24th vehicular homicide and assault by while being under the influence of a non-prescribed Xanax. The Schedule IV controlled substance contributed to Stovall’s sentencing.

Under the Controlled Substance Act, a controlled substance is defined as a drug that is illegal for sale or a drug used for medical purposes regulated by Federal and State law for distribution. Any controlled substance used for medical purposes must be obtained by a doctor’s prescription. The statute classifies all controlled substances into five “Schedules” with the most dangerous and addictive drugs falling under the 1st schedule. In the state of NJ driving under the influence of an illegally obtained schedule IV controlled substance is punishable by a heavy fine and/or jail time.

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https://www.monmouthcountycriminaldefenselawyer.com/wp-content/uploads/sites/409/2017/01/wall-twp.-pd-300x225-300x225.jpgAuthorities from the Wall Township Police Department recently charged a man with driving while intoxicated (DWI) and drug possession after a motor vehicle stop. The man is now facing additional charges for aggravated assault, among other offenses, as police say he attempted to stab an officer with a pen while being processed at police headquarters.

The motor vehicle stop in question was conducted just after 1:00 a.m. on Sunday, July 31, at which time a Wall Township Patrolman stopped a driver near the northbound Garden State Parkway exit ramp on Highway 138. The driver, 28-year-old Staten Island resident Vincent Russo, was charged with DWI shortly thereafter.

When police conducted a search of Russo’s vehicle, they reportedly discovered marijuana and the prescription drug Xanax, after which Russo was also charged with possession of marijuana under 50 grams and unlawful possession of prescription drugs (he did not have a valid prescription).

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marijuana-and-prescription-drugs-300x189-300x189Officials from the Holmdel Police Department recently arrested two men who are now facing charges for numerous drug crimes after a search at a local residence revealed marijuana, prescription drugs, and drug paraphernalia.

According to a statement released by the Holmdel Police Department, police executed a search warrant at a residence located on Dogwood Court in Holmdel on June 3rd. During the search, investigators seized marijuana, drug paraphernalia, and prescription drugs, at which time they arrested Jonathan Diaz and Tyrone Spann.

Diaz is now facing charges for possession of a controlled dangerous substance (CDS), possession of prescription drugs, distribution of a controlled dangerous substance (CDS), possession of marijuana, and possession of drug paraphernalia. He was being held at the Monmouth County jail in lieu of bail set at $50,000.

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If you have been charged in the State of New Jersey with any of the following offenses, you may be eligible for a Conditional Discharge pursuant to NJSA 2C:36-A-1: NJSA 2C:35-10(c), failure to turn over CDS to an officer “failure to turn over;” NJSA 2C:35-10(a)(4), possession of less than 50 grams of marijuana; NJSA 2C:35-10(b), under the influence of CDS; NJSA 2C:36-2, possession of drug paraphernalia.  These matters are heard in Municipal Court.

What is a Conditional Discharge? If you are eligible for a Conditional Discharge, it does not automatically mean that you will enter into the Program. Pursuant to NJSA 2C:36A-1, an attorney can make a Motion to suspend further court proceedings and place their client on a special type of supervised probation. Since this is an optional program, it is important that the defense attorney prepare evidence showing that their client is a good candidate for a conditional discharge. It is helpful to collect letters of recommendation, proof of employment, drug treatment, and any other information that helps prove that the defendant will benefit from such program.

An experienced New Jersey criminal defense attorney can advise you if entrance into a Conditional Discharge is something you should consider. For example, the State needs to meet their burden by providing all discoverable materials, including but not limited to a lab report, if applicable. If the State does not provide the proper materials, it is possible by way of a motion that the matter can be dismissed.  Also, if you enter into a conditional discharge, after completion of the program you still need to expunge the matter if you want the arrest off your record. It is important to be aware that by entering into a conditional discharge you will not be eligible for other diversionary programs in the future such as Pre-Trial Intervention (PTI). Thus, it is imperative to have an experienced criminal defense attorney on your side to help guide you through the Municipal Court system.

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This New York Times article discusses the debate over random drug testing in high schools in New Jersey. I will be interesting to see if this goes through, and what the legal ramifications are for those who test positive.

See link below for article:

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PNC Arts Center is located in Monmouth County, New Jersey in the town of Holmdel. It is one of two major outdoor arenas located in the New York Metropolitan area. The venue has been the center of several controversies, including an incident during a Phish concert in 2000 where over 70 people were arrested, and the band was not invited back to the venue before their hiatus in 2004.

In recent years, there has been an increase in police presence at the Arts Center, and this has resulted with an increase in arrests for those attending concerts at the venue. Unfortunately, a night of fun and relaxation can result with an arrest that can jeopardize your future.

If you have been arrested on a felony charge in Holmdel, New Jersey, the matter will be transferred to the Superior Court located in Freehold. If you have been charged with a third or fourth degree Possession of Controlled Dangerous Substance (CDS) or any other felony charge, it is imperative that you hire an experienced Monmouth County criminal defense attorney to handle the matter. It is possible that the matter could be remanded back to municipal court. Or if this is your first offense you could be eligible for Pre-Trial Intervention (PTI), avoiding a criminal record.

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As the warm weather air rolls in and July 4th is around the corner, beach-lovers head to Long Beach Island (LBI).  Inevitably, when there is a sudden increase in population in a shore town, the local police department increase their police presence as well.   This increase in police presence in the summer months is evident in the towns  of Beach Haven, Ship Bottom, Long Beach Township, Surf City, Barnegat Light and Harvey Cedars.

If you have visited LBI, you know it is a beautiful place, however many  juveniles and adults are arrested while on vacation in LBI over the summer months.  An arrest can have significant long term negative effect on your life . Whether the arrest be for a borough ordinance violation, Possession of Marijuana less than 50 grams, Drug Paraphernalia, Criminal Mischief or Simple Assault, all these matters require court appearances.  A Disorderly Person offense holds a maximum of 6 months in jail, a probation term and up to $1000 in court fines. It is imperative that you have an experienced criminal defense attorney fighting on your side in these local municipalities of Beach Haven, Long Beach Township (which includes Brant Beach, Holgate, Brighton Beach, Beach Haven Crest, Beach Haven Terrace, Beach Haven Gardens, Haven Beach, The Dunes, Spray Beach and North Beach Haven), Surf City, Barnegat Light, Harvey Cedars and Ship Bottom.

If the matter is classified as an indictable offense, whether is it be 1st, 2nd, 3rd or 4th degree the matter will be transferred to the Superior Court located in Toms River, New Jersey. Again, it is important to have an attorney with experience on your side.