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Neptune Drug Charge Lawyer

14
Jun
2011

by in Drug Defense

A ton of Neptune Drug Charges are made are made in both Neptune Township and Neptune City. If you have been arrested in Neptune for a drug arrest, call now to speak with a lawyer familiar with those courts. Drug charges in New Jersey can result in jail time, probation, fines and mandatory driver’s license suspension.

Most Neptune Township drug arrests are made on Route 33. This is in large part because of Neptune’s proximity to Asbury Park. I have represented many clients who were stopped in Neptune Township after allegedly buying drugs in Asbury. Route 33 leads to several highways including the Garden State Parkway and Route 18. These roads are the scene of lots of traffic stops for violations like speeding. These traffic stops often leads to drug arrests in Neptune.

While most Neptune Township drug arrests occur in the motor vehicle stop context. Some are also made on the street or pursuant to search warrants. Both types of searches can be challenged. Neptune City drug arrests are also commonly made from traffic stops. The overwhelming majority of these occur on Route 35 in Neptune City.

Neptune Township and Neptune City are right next door to each other. However, each town has its own local government, police forces and Municipal Courts. Neptune Twp Police patrol the township, while Neptune City police patrol Neptune City.

If you are charged with possession of marijuana, less than 50 grams, in either town, your case will be heard in whichever municipal court the offense took place in. The same applies for possession of drug paraphernalia in Neptune. Most other Neptune drug charges will result in your case being sent to the Monmouth County Superior Court.

Street arrests in Neptune City are more common than in Neptune Township. In a typical encounter, police may conduct a so-called “field inquiry” of an individual. An officer may then try to conduct a pat down of this person. This is sometimes referred to as a “Terry frisk,” after State v. Terry. This type of “search” is only so the officer can check for weapons. The idea is to give the officer the ability to ensure their own safety. Probable cause is not needed.

During a Terry frisk, officers may feel what they believe is drugs (CDS). It is difficult to imagine how an officer may know that some small item in an interior pocket contains drugs. However, police testify to this all the time. They must have immediately known the item was contraband such as drugs or weapons. They are not allowed to “manipulate” the item.

If after conducting a Terry frisk and incidentally discovery drugs, the officer will have probable cause to arrest. The officer may then conduct a full search of the suspect’s person. This is called a search incidental to arrest.

These searches can, and should be, challenged. This is done through a defense attorney filing a Motion to Suppress Evidence. You cannot wait to argue these issues at trial. They will be deemed waived without filing a Motion to Suppress. The motion must state the grounds objected to and be served on the prosecutor’s office.

If you have been arrested for a drug charge in Neptune, call to speak with an experienced Monmouth County drug charge lawyer.

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