Seaside Heights NJ Marijuana Possession Lawyers

Charged With Possessing 50 Grams or Less in Seaside Heights

The most common variety of controlled dangerous substance (“CDS”) offense in Seaside Heights is possession of 50 grams or less of marijuana. While this charge is a disorderly persons offense and is handled in Seaside Heights Municipal Court, the consequences of your failing to successfully defend this offense can be significant. You will not only have a criminal record for a minimum of five years until it is expunged through separate proceedings you must file at the Ocean County Superior Court, but will also be faced with a $1,000 fine, probation, community service, a six month driver’s license suspension and up to 6 months in the Ocean County Jail. The positive news is that our attorneys, many of whom are former prosecutors, have a high rate of success in avoiding a marijuana possession conviction or one for violating N.J.S.A. 2C:36-2 (“Possession or use of drug paraphernalia”). Over the 100 plus years of combined experience of our lawyers, we have handled many Seaside Heights NJ Marijuana cases. To speak to one of the Seaside Heights NJ Marijuana Possession Lawyers on our 8 member criminal defense team, call our Toms River Office at (732) 286-6500. There is no fee for the consultation.

Seaside Heights Marijuana Possession Offense

Marijuana charges are governed by N.J.S.A. 2C:35-10(a) of the New Jersey Criminal Code. When the possession involves 50 grams or less, 2C:35-10(a)(4) applies and makes the violation a disorderly persons offense. When the quantity possessed is more than 50 grams, 2C:35-10(a)(3) creates a fourth degree crime. A disorderly persons offense for possession of marijuana can result in Judge Liguori sentencing you, as previously stated, to jail. There is also a mandatory driver’s license suspension that applies and which is typically 6 months but can be extended to two years if the case involves possession in a motor vehicle. The penalties that apply for possessing over 50 grams in Seaside Heights are different with the exception of the driver’s license suspension just mentioned. A conviction under N.J.S.A. 2C:35-10(a)(3) is a felony that carries a fine of up to $25,000 and a state prison term that can be as much as 18 months.

The prosecutor in Seaside Heights or at the Superior Court (i.e. in the event of a 4th degree charge of more than 50 grams) can rely on several different theories to prove possession. The first way is through personal or direct possession such as where the marijuana is on your person, pocket book, etc., within the Borough. The second way to prove that you possessed the marijuana is through constructive possession. Under this theory, you are deemed in possession even though the drugs are not on your person if you have the ability to control them and the intention to do so in the future. For example, you can be convicted for marijuana contained in the glove box of your friend’s car if you knew about the drugs, had the ability to take them, and had an intention to grab them. The third and final form of possession is joint or shared possession. This is where two or more individuals “share” the marijuana. A good example would be two men who purchased marijuana to smoke it on the beach and got caught in the midst of trying to pack the joint or bowl to smoke it.

Seaside Height Possession of 50 Grams or Less of Marijuana Attorneys

Much too often, individual believe that they have the ability to secure the same outcome that would be achieved by an experienced attorney. This is a foolish thought process as the law is much more intricate than you realize. There are often many opportunities to contest an automobile search, hotel room search or other scenario to create reasonable doubt so that a conviction or the need to take a conditional discharge is avoided. For a full case review, including all of the facts and circumstances surrounding your arrest, contact our Seaside Heights Possession of Marijuana attorneys. The consultation is free and we are available to assist you 24/7 at 732-286-6500.

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