New Jersey Client Charged With Marijuana Possession Has Charges Dismissed

New Jersey Marijuana Possession Attorney

Marijuana Possession is probably the most common of all criminal charges in New Jersey. Whether the person charged is 18 or 65, the charges remain the same. By that, I mean that the charges carry a criminal record, possible incarceration, suspension of your driving privileges, fines and/or probation. For young professionals in particular, the blemish of a marijuana conviction on your record could prove costly. Therefore, it is imperative that you approach and fight these charges as vigorously as possible. A skilled New Jersey Criminal Defense Attorney can help you expose and take advantage of any weaknesses in the State’s case, such as an unlawful motor vehicle stop, motions to compel discover or Miranda violations. To recognize if any of these issues apply to your case, call 1-800-509-3333. Our Attorneys are former county and municipal Prosecutors with the knowledge, familiarity and recognition necessary to handle your marijuana or CDS possession charge.

NJSA 2C:35-10(a)(4) Charges for Possession of  Marijuana Dismissed in Middlesex County

Recently, my firm was retained by a client charged with Marijuana Possession under 50g, pursuant to N.J.S.A. 2C:35-10(a)(4). In New Jersey, this is a disorderly persons offense that carries up to a six (6) months in jail and six (6) months revocation of your driving privileges (along with a plethora of other fiscal penalties). Unfortunately for my client, this occurred in his car, which means that he was charged with the traffic violation for Possession of a CDS in a Motor Vehicle, under N.J.S.A. 39:4-49.1, which carries a mandatory two (2) year suspension of your driving privileges. As dire as these circumstances may seem, we were able to use the initial traffic stop to our advantage. Specifically, the officer issued a ticket for the stop that was drastically inappropriate for the circumstances of the stop. Based on this insufficiency, the Prosecutor was obligated to dismiss all of the charges as my client was subject to an illegal stop. This meant that the criminal charges for paraphernalia possession and marijuana possession, as well as the four (4) other traffic violations, were dismissed.

Marijuana Possession Law in New Jersey

The relevant New Jersey statute for drug possession states the following in regards to marijuana:

N.J.S.A. 2C:35-10
Possession, use or being under the influence, or failure to make lawful disposition

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c. 226 (C.24:21-1 et seq.). Any person who violates this section with respect to:
(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.

NJ Lawyer Marijuana Charges

If you or someone you know has been charged with possession of marijuana or any other drug/CDS substance, contact my office at 1-800-509-3333. Our firm has the resources and experience expected of any premier New Jersey criminal defense firm. call today and speak with a former prosecutor about how we can fight your case.

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