Marijuana Possession Defense Attorney in NJ
Are You Facing Misdemeanor or Felony Charges for Possession of Marijuana in NJ?
Call Me To Find Out The Penalties You Face, What’s Going To Happen & What A Pro Can Do To Help You
New Jersey laws, courts, and police still take marijuana possession charges seriously. If you are accused of possession of marijuana/pot, and were arrested for felony possession – or summoned to appear in a New Jersey criminal municipal courtroom for possession under 50 grams – it’s a legal matter that you need to take very seriously.
And it begins with hiring a Marijuana Possession Defense Lawyer in New Jersey.
Medical marijuana laws were passed in New Jersey in 2010, but the state has yet to set up a system making the substance available to those patients who need it.
And although attitudes towards marijuana have lightened somewhat over the years, possessing it is still a crime and law enforcement and prosecutors want to make sure there’s no misunderstanding there. If you are caught with any significant amount of marijuana, you will face criminal charges.
New Jersey Marijuana Possession Laws
Many people mistakenly believe they have to have the marijuana on them to be charged with possession. This isn’t the case.
If there is reason to believe the marijuana is yours and it’s within your control, you can be charged. This means keeping it outside of your house or in the glove box of your car doesn’t prevent criminal charges. If you do have the pot in your pocket, for instance, it only makes things easier for police to file drug charges.
Penalties for Possession of Marijuana in NJ
Possession of marijuana is generally considered a disorderly persons offense. This is true for any amount less than 50 grams. If you face a disorderly persons possession charge you could be sentenced to a maximum of 6 months in jail and $1,000 in fines.
And even a simple marijuana/pot drug possession conviction could result in penalties that include a driver’s license suspension.
If you are found in possession of more than 50 grams of marijuana, you could face a felony level indictable offense. Your charges could be elevated to a crime in the 4th degree, something that carries up to 18 months in jail and $25,000 in fines.
Regardless of the possession charge you face, a Marijuana Possession Defense Lawyer in New Jersey can look at the facts of your case and assist you in building a defense. Helping you get the best results possible on your day in court is their goal.
Possession with Intent to Distribute Marijuana
A far more serious offense, possession with intent to distribute marijuana or even distribution can carry a much longer sentence.
The seriousness of these charges is based on the amount of marijuana you are found to have in your possession. Therefore, the penalties for possession with intent to distribute can vary.
For instance, if you are accused of distributing or attempting to distribute less than one ounce of marijuana, you will be charged with a crime of the 4th degree and face up to 18 months in prison.
Less than 5 pounds but more than a single ounce and that charge is elevated to a crime of the 3rd degree with a 3 to 5 year prison sentence. Finally, if you are caught with more than 5 pounds, the charge is a crime of the second degree and carries up to 10 years in prison.
So, how does the prosecutor charge you with “intent” to distribute? Many people think this is determined by how much marijuana you are found with. While this can be a contributing factor, it isn’t always the whole story.
If you have other evidence of distribution it can also help the prosecution prove your intent to distribute marijuana. Large amounts of cash, small packages of marijuana, and a scale can all signify a sales operation.
In addition to years in prison, you have the potential to be fined thousands of dollars.
Conditional Discharge Of Possession of Marijuana Charges
When you are facing drug charges you don’t always get a second chance. However, if this is your first offense, you may very well be afforded that opportunity. A conditional discharge is a second chance for small time marijuana offenders. If you have an otherwise clean record, you could qualify for this opportunity.
Conditional discharge is like a period of probation. It may include frequent drug testing and meetings with a supervising officer. But, once you have satisfied the terms of the program, the charges against you are dismissed.
In other words, you are able to avoid a permanent criminal record.
Free Consultation With An Experienced Marijuana Possession Defense Lawyer in New Jersey
Discussing your case with a criminal defense lawyer like me will help you determine if this option might be available to you – or if we’re going to have to fight.
Marijuana charges are serious criminal charges, despite the growing acceptance of the substance.
If you are facing any marijuana charges, contact me. The call is free and I’ll let you know where you stand and what you should do.
Matthew Reisig, Attorney at Law
New Jersey Criminal Defense Lawyer – Freehold, NJ (888) 628-8394 or locally at(732) 625-9660