A 31-year-old North Bergen County residents, appeared in court for the first time after she received charges for possession of a controlled dangerous substance, PCP. The Defendant was arrested less than 1000 feet away from a New Jersey state school, which could expose the defendant to more serious charges. During her appearance in Central Processing Court, the defendant, who was connected via a video link from the jail, continuously spoke throughout the entire hearing, constantly interrupting the Judge. The Defendant continued, even after receiving numerous admonitions from the judge telling her to take advantage of her right to remain silent. As a result of her constant talking, the Judge had no option but to terminate the video conference and have the Defendant removed from the video room.
Kelly Austin, the CJP judge hearing the case decided to have the defendant thrown out, when she would not quit insisting that the resisting arrest charge against her was just a big misunderstanding. Even while she was being removed from the video conference room, the defendant was still adamantly stating that it was a big misunderstanding. The defendant was even resorting to using profanity to make her point. Fortunately for the defendant, the Judge was willing to give her another opportunity to appear via video conference for her initial hearing.
Traditionally, possession of a controlled dangerous substance, namely PCP, is a third degree indictable (felony) offense in New Jersey and if convicted the defendant could be facing up to five years in a State Prison. The Defendant’s resisting arrest charge can be either a disorderly persons (misdemeanor), fourth degree felony or third degree felony depending on the underline facts. The Law Offices of Jonathan F. Marshall is an experienced Bergen County Criminal Defense Firm with a long track record of success. If you or someone you know has been charged with a criminal or traffic offense in Bergen County we can help. If you have any further questions please feel free to contact any one of our Bergen County Offices and speak to any one of our eight criminal defense attorneys on staff.