Possession of Marijuana Under 50 Grams
Middletown NJ Marijuana Possession Lawyer
By far one of the most common criminal charges issued in not just Monmouth County but in New Jersey as a whole, is possession of marijuana under 50 grams. This is a disorderly persons offense in New Jersey, also known as a misdemeanor. As you will see below, if convicted, a Defendant will not only be facing a criminal record but up to six months in the Monmouth County Jail as well. If you have been arrested and charged with possession of marijuana under 50 grams, possession of drug paraphernalia, possession of heroin or possession of prescription drugs in Monmouth County, the Law Offices of Proetta & Oliver can help. Since possession of marijuana under 50 grams is a disorderly persons offense, anyone charged with this offense will be summonsed to appear in the local Municipal Court where the offense occurred to answer the charges.
Need Local Marijuana Charge Lawyer Near Me in Englishtown NJ
The attorneys at Proetta & Oliver have been representing clients accused of possessing marijuana in courts throughout Monmouth County, including the Holmdel Municipal Court, the Middletown Municipal Court, the Tinton Falls Municipal Court, the Marlboro Municipal Court, the Asbury Park Municipal Court and the Howell Municipal Court. If you would like to come into our Middletown office to discuss the facts of your case with one of our Monmouth County criminal defense lawyers then please contact us at (732)858-6959. We are well aware what a criminal conviction for a drug offense can do to your future. As such, we are ready and willing to fight to protect your rights. So if you have any questions please do not hesitate to contact us and as always our initial consultations are free of cost. Now here is some more information on possession of marijuana under 50 grams charges in New Jersey.
Charged with NJSA 2C:35-10a(4) in Asbury Park?
Possession of marijuana under 50 grams is one of only a few drug related charges that is actually considered misdemeanor offense in New Jersey. With that being said, it is also one of only two charges in the entire New Jersey criminal code where plea bargaining is prohibited. The other offense being driving while intoxicated. Most marijuana possession offense, like all other drug offenses, will revolve around some form of a search or seizure. This is where an experienced Monmouth County drug possession defense lawyer can make a huge difference. Through their training and experience they can seek to spot and exploit any potential search issues. If they exist, a motion to suppress can be filed and if successful, the underlying possession charges could be dismissed. To speak with one of our attorneys today about the specific facts of your case please feel free to contact us at (732)858-6958.
Can I be charged with Possessing Marijuana if it wasn’t on me?
The prosecution has really three different theories in which they can use in order to try and prove that a Defendant possessed marijuana. They are as follows, actual possession, constructive possession and joint possession. Actual possession is rather self explanatory, it means that the marijuana was actually located on the Defendant’s persons and that they were aware that is was there. Constructive possession is a little more complicated, it means possession in which the Defendant does not actually physically have the marijuana on their persons but that they are aware that the marijuana is present and they are able to and have the intention to exercise control over it at some point in time. Lastly, joint possession is when two or more Defendant’s share through either actual or constructive possession the marijuana.
Examples of Constructive Possession in NJ
So, the most common scenario in which the theory of constructive and joint possession is used is when a car full of individuals is pulled over and a subsequent search of the motor vehicle reveals a quantity of marijuana located on the backseat floorboard. Now if nobody takes responsibility for the marijuana that was located on the floorboards, everybody inside the vehicle will be charged with possession of marijuana under the constructive possession theory. This factual scenario occurs all the time in Monmouth County. All too often, people think that since the marijuana wasn’t physically on them that the charges would have to be dropped, unfortunately that is not the case. To speak with one of our experienced Monmouth County drug possession defense lawyers about your options please contact us at (732)858-6959.
Will I go to Jail for Possessing Marijuana in NJ?
Possession of marijuana under 50 grams is a disorderly persons offense in New Jersey. Anyone convicted under this offense will be facing the following penalties:
- Up to 6 month in the Monmouth County Jail;
- A fine up to $1,000;
- Fees and assessments totaling approximately $750;
- A criminal record;
- A license lost up to six months.
With that being said, New Jersey has a diversionary program known as the conditional discharge program which certain Defendants charged with this type of offense may be able to take advantage of. If they are eligible and if defense counsel can convince not only the prosecutor but the Judge that they are a good candidate for the program, it will be afforded the opportunity to walk away from these charges without a criminal record. For more information on this program please contact our office at (732)858-6959.
Eatontown NJ Marijuana Lawyer
Being charged with a criminal offense can be scary, however hiring the right attorney can go a long way to alleviating most of your fears. The Law Offices of Proetta & Oliver has been representing individuals charged with the possession of marijuana, possession of cocaine, possession of a controlled dangerous substance in a motor vehicle, possession of drug paraphernalia, possession of heroin and other drug offenses in courts throughout Monmouth County for the better part of the last decade. Our office serves all of Monmouth County including towns like Neptune City, Manalapan, Freehold, Shrewsbury, Bradley Beach, Wall and Middletown. If you would like to come into our Middletown office for a free initial consultation please contact us at (732)858-6959. We are located directly across the street from the Middletown Municipal Court at 18 Kings Highway.