West Long Branch NJ Possession of Marijuana Defense Lawyers
Drug charges related to possession of marijuana in New Jersey can range from relatively minor disorderly persons offenses when the amount involved is less than 50 grams, or indictable felonies when the defendant is accused of possessing over 50 grams of the drug.
The amount of the substance associated with the alleged offense determines the degree of the charges, and in turn, the venue in which the case is ultimately adjudicated. For instance, a marijuana possession charge that is classified as a disorderly persons offense will be heard at the Municipal Court level, while felony charges for possession of marijuana are tried at the Superior Court in the county in which the alleged offense occurred.
A conviction for a disorderly persons offense may entail penalties that are considerably less severe than fourth degree felony crimes. However, both can result in a prison sentence, a charge on the defendant’s criminal record, and collateral consequences such as a period of driver’s license suspension.
Fortunately, the attorneys at Chamlin, Rosen, Uliano & Witherington have accumulated a wealth of experience defending clients accused of a marijuana possession in New Jersey. As a result, they can often facilitate their clients’ enrollment in diversionary programs such as Conditional Discharge in Municipal Court cases and the Pretrial Intervention Program in Superior Court cases, which will ultimately result in the dismissal of the drug charges if the program is successfully completed.
Combining knowledge, experience, and compassion for their clients, Chamlin, Rosen, Uliano & Witherington is a law firm dedicated to every citizen’s right to a vigorous defense. Contact them today at 732-440-3950 or toll free at 888-328-9131 to discuss your case.
Possession of Marijuana in Monmouth County: N.J.S.A. 2C:35-10(a)
An individual can be charged with possession of marijuana in violation of N.J.S.A. 2C:35-10(a) if they are believed to be in “actual” or “constructive” possession of marijuana. Actual vs. constructive possession can be distinguished according to the following conditions:
- Actual Possession: the defendant is in physical possession of marijuana at the time of his or her arrest (i.e. it is discovered in his or her pocket)
- Constructive Possession: the defendant did not have physical possession of the marijuana at the time of his or her arrest but was aware of the location of the marijuana and was in a position to exercise control over the substance (i.e. it is found in the trunk of his or her vehicle)
Specifically, N.J.S.A. 2C:35-10(a) dictates that it is unlawful for any person, knowingly or purposely, to obtain or to possess, actually or constructively, a controlled dangerous substance. Any person who violates this section of the criminal code with respect to:
1) Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or
2) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.
Penalties for Possession of Marijuana in New Jersey
Possession of Marijuana as a Disorderly Persons Offense: maximum sentence of 6 months to be served in the county jail, a fine of up to $1,000, and a 6-month period of driver’s license suspension
Possession of Marijuana as a Fourth Degree Crime: maximum sentence of 18 months to be served in New Jersey State Prison, a fine of up to $25,000, and a 6-month period of driver’s license suspension
Contact Rumson NJ Marijuana Possession Lawyers for Help with Your Case
For additional information as to how these Monmouth County possession of marijuana defense attorneys can assist you or someone you love in combating the State’s case and delivering the best chance of success, contact the West Long Branch, New Jersey office of Chamlin, Rosen, Uliano & Witherington at 732-440-3950 or toll free at 888-328-9131.