Marijuana Charges Downgraded to Non-Criminal Ordinance in Monmouth County

Marijuana Possession Attorney in New Jersey

Pursuant to N.J.S.A. 2C:35-10(a)(4), Possession of Marijuana is a disorderly persons offense in New Jersey. If convicted, you face upwards of six months in the Monmouth County Jail, possible probation, community service, thousands of dollars in fines, fees and assessments, and a suspension of you driving privileges (which can be a mandatory 2 years if you are charged with the traffic violation for “CDS in a Motor Vehicle” under N.J.S.A. 39:4-49.1). Moreover, a conviction will carry a criminal record that may prevent you from obtaining certain jobs or areas of employment in the future. For more information on marijuana charges and possible defenses in New Jersey, call 1-800-509-3333 today. The initial consultation is always free of charge.

Marijuana Charges Downgraded and Paraphernalia Charge Dismissed in Monmouth County

Recently, I appeared in a Monmouth County Municipality for charges involving Marijuana Possession, in violation of N.J.S.A. 2C:35-10(a)(4), Possession of Paraphernalia, in violation of N.J.S.A. 2C:36-2, CDS in a Motor Vehicle, in violation of N.J.S.A. 39:4-49.1, along with a litany of other minor traffic violations. For my client, a diversionary program was not available as one had already been used previously. Therefore, due to New Jersey’s directive forbidding plea bargaining on these types of drug charges, my client was facing an all of nothing scenario. With the prospect of jail/probation/license suspension/criminal record on the horizon, it was imperative that I find a way to have these charges dismissed. Through careful inspection of the discovery and necessary subpoenas, I was able to uncover what in my opinion was an unlawful stop. This would have tainted any evidence later found in my client’s possession. After filing voluminous motions, I was able to convince the prosecutor to downgrade the charge into a non-criminal local ordinance (something about as serious as littering) and dismiss the remainder of the criminal and traffic charges. This was an outstanding result.

License Suspension For CDS in Motor Vehicle

While Marijuana Possession and Paraphernalia Possession each carry a six month loss of license, it is the charge for CDS in a Motor Vehicle the carries the most severe of license-related penalties. Specifically, this charge, pursuant to N.J.S.A. 29:4-49.1, carries a mandatory two (2) year loss of license. If charged with this violation (which is more or less the traffic version of the criminal charge for Marijuana Possession), the defendant or defendant’s counsel must ensure that this charge is dismissed.

If you or someone you are close with have been charged criminally with marijuana possession (N.J.S.A. 2C:35-10(a)(4)) or CDS in a Motor Vehicle (N.J.S.A. 39:4-49.1), call the Monmouth County Attorneys equipped to fight your charges.

 

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