Marijuana Attorney in Middletown NJ
Local Middletown Marijuana Possession Lawyer
The Middletown Municipal Court deals with its fair share of possession of marijuana charges each and every year. What most people do not realize is that the possession of marijuana is considered a criminal offense in New Jersey. Although it has been decriminalized in New York and it is legal in California, it is still illegal in New Jersey. If you have been arrested and charged with the possession of marijuana under 50 grams in Middletown, New Jersey, the attorneys at Proetta & Oliver can help. Our attorneys have been defending clients charged with the possession of marijuana in the Middletown Municipal Court for years now. If you would like to come into our office and discuss the specific facts of your case with one of our Middletown criminal defense attorneys then please contact us at 732-858-6959. Our office is located directly across the street from the Middletown Municipal Court at 18 Kings Highway. We can sit down and formulate a game plan that works best for your needs. Whether that be a trial, suppression hearing or negotiating a favorable plea agreement. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us at. Now here is some more information on marijuana charges in Middletown, New Jersey.
If I am Charged with the Possession of Marijuana Do I need a Lawyer?
There is a huge misconception out that there that marijuana charges in New Jersey are “no big deal”. Possession of marijuana charges, even for trace amounts, are considered disorderly persons offenses. That is New Jersey’s version of a misdemeanor. If convicted, not only will a Defendant be scarred with a criminal record but they will be facing the following penalties:
- Up to 6 Months in the Monmouth County Jail
- A Fine up to $1,000
- Drug Enforcement and Demand Reduction of $500
- Forensic Laboratory Fee of $50
- Law Enforcement Officers Training and Equipment Fee of $30
- Victims of Crimes Compensation Fund fee of $50
- Safe Neighborhood Services Fund fee of $75
- Up to a 6 Month Loss of License
- Community Service
- Court Ordered Rehab
So as you can tell, these charges carry with them some rather serious potential penalties. As such, it is highly recommended that you consult with an attorney about your options prior to going to court. An experienced criminal defense lawyer can challenge the evidence presented against you, file motions, including a suppression motion or a Miranda motion in order to achieve a more favorable outcome. Possession of marijuana under 50 grams is one of only two charges in the entire New Jersey criminal code where plea bargaining is prohibited. The other offense being driving while intoxicated charges. So, as ironic as it sounds, you can plea bargain a homicide, a rape or even a possession of marijuana over 50 grams charge in New Jersey but you cannot plea bargain a possession of marijuana under 50 grams case. To speak to one of the attorneys at Proetta & Oliver about your options then please contact us at 732-858-6959.
What if the Marijuana was in the car and not on me?
By far one of the most common questions we get is “what if the marijuana was not physically found on me but in the car?”. This question normally arise out of a situation in which a group of individuals are pulled over and everyone is charged for the joint that was found on the floor boards of the backseat. In theory, the State can seek to prosecute an individual based on really three different theories, one that the Defendant actually possessed the marijuana, two that the Defendant constructively possessed the marijuana and three that the Defendant jointly possessed the marijuana. So, under the scenario mentioned above, it is possible for the state to not only charge but actually convicted a Defendant of the possession of marijuana for something that was not physically on them at the time of the arrest. With that being said, constructive and joint possession charges are built on purely circumstantial evidence. This is where an experienced Middletown criminal defense attorney can really seek to attack the states proofs. For a free initial consultation today, please contact us at 732-858-6959.
How to Defend a Marijuana Charge in Middletown NJ
When it comes to defending these types of charges you need to really look at the case from every possible angle. Start with the stop, was it valid? Then how was the marijuana found? Was the search valid? Where any inculpatory statements made? Was Miranda violated? Was the item in fact marijuana? Are the lab reports valid? What procedures did they use? Is the chain of evidence proper? These are just a few of the different angles that the criminal defense attorneys at Proetta & Oliver look to exploit when they defend a client charged with the possession of marijuana under 50 grams in Middletown, New Jersey.
Here is a link to an article about one of our most recent marijuana possession success stories. In this case, we were able to secure an outright dismissal of the charges, without using the conditional discharge program. State v. D.W.
Where Do I go To Court for a Marijuana Charge in Middletown?
Since possession of marijuana under 50 grams is a disorderly persons offense, the Middletown Municipal Court will have jurisdiction over the charges. So if you have been arrested and charged with the possession of marijuana in Lincroft, Belford, Leonardo, Fairview, Port Monmouth, the Navesink or Middletown, then you must appear in the Middletown Municipal Court to answer for those charges. The Middletown Municipal Court is located at 1 Kings Highway. If you would like to speak to one of our attorneys today about your options then please contact us at 732-858-6959.
Need Local Lawyer in Middletown NJ for Marijuana Possession Case
If you have been charged with possession of marijuana in Middletown, New Jersey the criminal defense attorneys at Proetta & Oliver can help. Our attorneys have been defending clients accused of possessing marijuana in Middletown for years now. We understand are well aware that no two clients let alone no two cases are the same. As such, we will work hard to formulate a game plan that works best to suit your needs. At our firm we treat every case, whether it be a homicide or a speeding ticket with the same energy and attention to detail. Mr. Oliver, one of the firms founding partners heads up our Monmouth County practice, so if you would like to have a face to face consultation with him please contact us at 732-858-6959 or email us.
For more information on Marijuana Charges in NJ please see below: