Possession of less than 50 grams of marijuana is the most frequently charged drug crime and is a disorderly persons offense. Sometimes called simple possession, an offense under N.J.S.A. 2C:35-10(a)(4) is punishable by up to 6 months in jail. If you are arrested and charged with possession in a school zone, the court shall in addition to any other penalties, impose 100 hours of community service. The Law Office of Todd Palumbo defends those charged with possession of marijuana in all New Jersey courts, including in Essex, Hudson, and Union counties. If arrested and charged with a marijuana possession offense in New Jersey, you should contact a criminal defense lawyer to educate yourself on the charges you face, the penalties involved, and the possible defenses.
As a drug possession defense attorney, I am presented with many different possession of less than 50 grams of marijuana cases and fact patterns. Sometimes the case is relatively straight forward, but more often than not, there are many gray areas that provide criminal defense attorneys with opportunities to fashion time-tested defense strategies and apply cutting edge procedural arguments.
Defense Lawyers can review the facts of your case during a free consultation and determine if your constitutional 4th amendment protection against unreasonable searches and seizures has been violated. Under most circumstances, I will file a motion to suppress with the court as a protective measure.
“Possession” is an elastic concept that may be defined by the totality of the circumstances. A person can be charged with possession of less than 50 grams even if the drugs are not on his person. This is called constructive possession. Constructive possession exists where a person has knowledge of an object plus the ability to control the object, even if the person has no physical contact with it . United States v Derose . This obviously is a fact sensitive determination and is decided on case by case basis. The defense is effective but procedurally complicated. If you charged with a drug possession offense based upon the actual possession by another, you should consult a lawyer.
In many New Jersey possession of drugs and drug paraphernalia arrests, there may be an automobile search involved. The case law surrounding the automobile exception to the search warrant requirement continues to evolve. As the law becomes more abstract and fact sensitive, astute defense lawyers continue to cultivate innovative and successful defenses.
Under certain circumstances, the defendant may be eligible for a deferred adjudication program called a conditional discharge. This is typically reserved for first time drug and marijuana possession offenders. Contact my office to discuss if you may qualify for this program. If a trial is the best option, our preparation will ensure that your case is handled professionally and your interest ardently defended. If negotiations are called for, we will continue to persist until you are offered the best possible deal.
For more information on marijuana crimes, including marijuana distribution, you may follow the link provided. We are available 24 hr for free consultations and offer payment plans.
Essex County NJ Criminal Attorney Blog 