Michael A Haber PA Criminal DUI Defense Litigation Miami Blog

Some Prosecutors need a smack in the head, with a shovel... Take, for instance, Mercer County, NJ's own Assistant Prosecutor William Fisher...

Marcus was a passenger in a vehicle which was occupied by 3 other folks when it was stopped for running a red light.  Cops located both a stolen firearm and a prescription bottle of codeine in the car and, as none of the vehicle's four occupants admitted to ownership, care, custody, control or were in actual physical possession of the items all four (4) of them were arrested and charged with constructive possession.  So what is the big deal you ask?  Why is this case different from any other? What's so special about 'ole Marcus?  Hang on... we'll get there... I promise.  First, let me explain a little about the legal mechanism known as "constructive possession".

Possession of anything (a controlled substance, paraphernalia, a firearm... anything) can be proven in many ways, including "constructive" possession. "Constructive" possession essentially means that while you were not in "actual / physical" possession of the item in question, it was in a place over which you either had control or could readily have exercised control of it had you chosen to do so, or that it was in a place where you yourself had secreted or concealed it.  In order to prove constructive possession the State will ultimately not only have to prove that the item was within your control but also that you knew that the item was there.  Now that we know a little about constructive possession let's talk about Marcus Hubbard and why I wanna smack his prosecutor... in the head... with a shovel.

That Marcus was in the car with a stolen gun and an unclaimed Rx bottle of opioids is not in dispute. Irrespective of what he knew (i.e. regardless of whether he knew that a stolen gun or Rx meds were housed inside of the car), what is in dispute, what is in fact a "factual impossibility", is that Marcus could have exercised care, custody, control or actual possession of any of those items.  Why? Simple: Because Marcus has no use of his arms.  Marcus suffered a spinal cord injury which renders his arms useless. He cannot move them.  He cannot use them.  He cannot do anything with them except "dangle".

Yes, yes yes.  I know.  People do incredible things without the use of limbs.  Take for instance this guy....

But Marcus isn't that guy.  I don't care how dexterous he may be, it is simply preposterous to assert, on any rational level, that Marcus could have MEANINGFULLY exercised  care, custody, control or actual possession of either a firearm or a pill canister.  Yet he has sat in jail in Trenton, NJ for four (4) months on these ridiculous charges because his prosecutor, a one William Fisher, stated that "The police reports do seem to confirm that this defendant has no use of his hands but I would disagree that that doesn't mean necessarily that he can't be guilty of a crime".  Um, where exactly is that shovel?

And wtf is wrong with the Judge?  Props for reducing the bond (from $100,000.00 to $35,000.00) but seriously?  You know what?  Jersey.... You can have it.  All of it.  And this stink bomb as well....