Bagolie Friedman Injury Lawyers in Jersey City

They Call Him “Teflon Tom”

by | Nov 4, 2019 | Press Releases

FOR IMMEDIATE RELEASE

Clients Call Him “Teflon Tom”

Bagolie Friedman attorney Thomas MacInnis has a string of successful dismissals in three separate marijuana possession and DWI cases earring him the nickname Teflon.

Jersey City- NJ. –  Despite numerous proposed bills in Trenton, marijuana remains illegal in New Jersey. New Jersey is surpassed by only Texas and New York in the number of marijuana convictions. New York’s recent decriminalization means New Jersey may soon be second nationwide. Marijuana possession cannot be plea bargained in New Jersey, and possession in a motor vehicle is grounds for a two year license suspension.

Bagolie Friedman’s Thomas MacInnis recently had two marijuana possession cases dismissed in Totowa. The clients were especially concerned about how a conviction would affect their permanent residency since both had prior disorderly persons offenses. The firm was able to obtain a dismissal after highlighting the State’s failure to produce required evidence and lab work necessary to prove the substance was marijuana. Both clients had an expedited application submitted on the day of dismissal ensuring the charge would not go on their public record.

Earlier in the month Bagolie Friedman obtained a dismissal in Allamuchy Twp in Warren County of 4th degree marijuana possession (over 50 grams) and Driving While Intoxicated (marijuana). The client was a business owner driving from a state where marijuana is legal (Maine), a joint was in the ashtray and after a traffic stop the Trooper charged him with DWI. The firm was able to obtain a dismissal by highlighting a chain of custody issue related to some of the State’s evidence. Unlike alcohol DWIs where drivers are subjected to a scientific test, marijuana DWIs are routinely conducted on suggestive testimony and junk science related to smells and a person’s appearance. Aggressive representation is required to ensure Municipal Courts adhere to the high standard of beyond a reasonable doubt. Our client was extremely grateful to have the charges dismissed and his record expunged and has referred to his counsel as:  “Teflon Tom”.

A few basic facts about marijuana and DWIs:

·        Marijuana remains a federal crime, any transportation between states is also a crime.

·        States do not necessarily cross-honor medical marijuana cards or prescriptions. Currently only New Jersey CUMMA prescription holders can legally possess the drug.

·        Immigration status can be jeopardized by marijuana possession. Ordinance or non-criminal possession charges related to marijuana (routine in New York and Pennsylvania) will also have a negative effect on immigration status.

·        A DWI conviction will prevent naturalization as a US citizen and re-entry to the country.

·        If charges are dismissed they remain on your record unless your attorney takes steps to expunge your record.

·        Obtaining a conditional discharge does not preclude immigration consequences or being barred from public employment.

·        Charges subject to a conditional discharge will remain on your record unless you take steps to expunge them.

Whenever you find yourself subjected to a criminal investigation ask for a lawyer and REMAIN SILENT. Your right to remain silent does not permit you to refuse a sobriety test for a DWI. Obtain a lawyer as soon as you receive a summons.

####

Thomas MacInnis, Esq.

Ricky Bagolie, Esq

Bagolie Friedman, LLC. 

648 Newark Ave

Jersey City, NJ, 07306

(P) 201-656-8500

(F) 201-656-4703