Marijuana Possession 2C:35-10a(4)
Marijuana Possession Lawyers in Middletown
Possession of marijuana is probably by far the most common criminal charge issued in New Jersey let alone Monmouth County. All too often individuals tend to think that possessing marijuana is “no big deal” and that “it’s not serious”, however that couldn’t be any further from the truth. Regardless of the quantity possessed, if convicted of possessing of marijuana in Monmouth County, in towns like Howell, Hazlet, Tinton Falls, Aberdeen, Belmar, Manalapan, Holmdel, Atlantic Highlands, Ocean Township a Defendant will be scared with a criminal record, face potential incarceration as well as a license loss. As you will see below, possession of marijuana can be either a disorderly persons offense (misdemeanor) or a fourth degree felony. The quantity in which an individual is caught possessing will dictate what degree they are charged with. Also, the more marijuana possessed could lead to more serious charges like possessing marijuana with the intent to distribute or even distributing marijuana.
Need Local Marijuana Possession Lawyer in Eatontown
The Law Offices of Proetta & Oliver is an experienced Monmouth County drug possession defense firm. Our criminal defense attorneys represent clients charged with possessing marijuana, possessing heroin, possessing drug paraphernalia and possessing heroin with the intent distribute as well leader of a narcotics trafficking network in courts throughout New Jersey, including courts throughout Monmouth County. Our attorneys take a tremendous amount of pride in making sure that our clients are fully informed every step of the way. It is extremely important to us that our clients are fully informed so that they can make an educated decision during key strategic situations. If you would like to come into our office and discuss your options, then please contact us directly at (732)858-6959. We are located at 18 Kings Highway, directly across the street from the Middletown Municipal Court. We can be reached 24/7 and as always our initial consultations are free. Now here is some key information on marijuana possession charges, including the applicable penalties one will be facing.
Here is a review from one of the many satisfied clients of Proetta & Oliver:
What are the Penalties for 2C:35-10a(4) in NJ?
Charged with Under 50 Grams of Marijuana in NJ?
Marijuana possession is governed by N.J.S.A. 2C:35-10a(4). Pursuant to the statute, if a Defendant is caught possessing under 50 grams of marijuana they will be charged with a disorderly persons offense. A disorderly persons offense is New Jersey’s version of a misdemeanor. If convicted, a Defendant would be facing up to six months in the Monmouth County Jail, a fine up too $1,000, fees and assessments reaching just under $800, a potential six month loss of driver’s license and a criminal record. This is probably the most common marijuana possession charge issued in New Jersey. For more information on possession of marijuana under 50 grams, please click the link.
Charged with Possession of more than 50 Grams of Marijuana in NJ?
Pursuant to N.J.S.A. 2C:35-10a(3), if a Defendant is caught possessing more than 50 grams of marijuana they will be charged with a fourth degree felony. A fourth degree felony is punishable by up to eighteen (18) months in a New Jersey State Prison, a fine up to $25,000, fees and assessments reaching just under $800, a potential six month loss of driver’s license and a felony criminal record.
How to Defend a Marijuana Possession Charge in NJ?
When facing a marijuana charge in New Jersey they are several different key areas that an experienced criminal defense attorney can seek to attack. If successful, the charges may end up being outright dismissed, depending on the specific issue. At Proetta & Oliver our attorneys will aggressively challenge the evidence presented against our clients in hopes of obtaining a favorable outcome. Here is a list of some of the key areas that our Monmouth County drug possession defense attorneys look to exploit:
- The underlying search;
- The underlying seizure,
- If it was based on a motor vehicle stop, was that basis valid?
- Where was the marijuana found?
- Can they prove possession? Joint Possession? Constructive Possession? Actual Possession?
- Where the lab reports received? Are they valid?
Here is an article about a recent case where Proetta & Oliver was able to secure an outright dismissal of marijuana charges for one of their clients. State v. D.S.
Can I be Charged with Distributing Marijuana in Monmouth County NJ?
If a Defendant is caught possessing more than an ounce of marijuana but less than five pounds they will be charged with the possession of marijuana with the intent to distribute in the third degree. If a Defendant is caught possessing more than five pounds but less than twenty-five pounds of marijuana then they will be facing a second degree felony possession of marijuana with the intent to distribute charge. Lastly, if a Defendant is caught possessing more than twenty-five pounds of marijuana they will be facing a first degree felony possession with intent charge. For more information on possession of marijuana with the intent to distribute, marijuana distribution and manufacturing marijuana charges in Monmouth County, including how to defend marijuana distribution charges, please click the link.
How to Avoid Jail on a Marijuana Charge?
Depending on a Defendant’s prior criminal history and the facts of their case, they may be eligible for one of New Jersey’s diversionary programs. These programs include a Conditional Discharge, Pretrial Intervention and Drug Court. The significance of these programs vary but they could include not only the potential of avoiding incarceration but a criminal record as well. For more information on a Defendant’s eligibility, please either click the links or feel free to contact our office at (732)858-6959.
Marlboro NJ Marijuana Possession Attorney
As you can tell from above, the offense of possessing marijuana is a rather serious charge, contrary to what most people believe. If you have been charged with possessing marijuana under 50 grams or over, the attorneys at Proetta & Oliver can help. Our entire careers have been dedicated to defending those accused of crimes, including drug offenses, in courts throughout New Jersey, including courts throughout Monmouth County. Our exclusive experience allows us to spot key search issues that others may overlook. The significance of which could result in a dismissal of the charges. If you have been charged with a drug offense in Monmouth County in towns like Red Bank, Manasquan, Long Branch, Neptune, Brielle, Lake Como, Tinton Falls, Freehold or Marlboro, we can help. We are well aware that no two clients, let alone no two cases are the same. As such, we are dedicated to make sure we can figure out a game plan that works best to suit our clients needs, whether that be a trial, suppression motion or negotiating a favorable plea. To schedule a free consultation today with one of our Monmouth County criminal attorneys, please call (732)858-6959.