Experienced Municipal Court Attorneys Ready To Help Clients Facing Marijuana Charges in New Jersey
Current Municipal Court Public Defender Skilled in Handling Marijuana Cases in Atlantic County and throughout the State
As a Municipal Court public defender, I represent clients with many different types of cases. In addition to traffic violations, a Municipal Court hears criminal charges as well. One of the most common charges I see in Municipal Court is Possession of Under 50 Grams of Marijuana, N.J.S.A. 2C:35-10a(4). In order to obtain a favorable outcome, it is very important to be represented by a lawyer who knows the ins and outs of New Jersey’s complicated marijuana laws.
If you or someone you know has been charged with possession of under 50 grams of marijuana, we can help. For a free and confidential consultation, please contact The Brown Law Firm at (609) 344-8270 or visit us at christopherbrownlaw.com.
Confident Municipal Court Lawyer with Understanding of New Jersey’s Marijuana Laws
The law enumerated under N.J.S.A. 2C:35-10a(4) states the following:
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.
As with many other states in our country, New Jersey has recently begun to relax its stance on marijuana. However, the penalties for possessing marijuana in New Jersey are still very serious. Considered a disorderly persons offense, a charge under N.J.S.A. 2C:35-10a(4) is punishable by up to 6 (six) months in jail, a fine of up to $1,000, and up to a 2 (two) year loss of driving privileges. In addition to those penalties, a conviction under N.J.S.A. 2C:35-10a(4) can also lead to a permanent criminal record
What Are My Options if Charged with Possession of Under 50 Grams of Marijuana?
New Jersey, under certain circumstances, allows first time offenders the opportunity of the Conditional Discharge program. When granted into the Conditional Discharge program, the Municipal Court judge imposes a period of probation, between 1 to 3 years (normally 1 year), with reasonable conditions such as drug testing and monetary fines. If all of the conditions imposed are met at the end of the probationary period, the charges are dismissed. To be eligible for the Conditional Discharge Program, you must (1) not have any prior drug conviction in any U.S. court; (2) not have any prior participation in another diversionary program such as drug court or PTI (pre-trial intervention); and (3) not pose a danger to the community if accepted into the conditional discharge program.
Admission into the Conditional Discharge Program does not give rise to a criminal record or conviction, nor is an admission of guilt even required. The reason for this arises out of the fact when admitted into the program, the charges are conditionally dismissed, contingent on the successful completion of the terms imposed. If an individual violates the terms of the Conditional Discharge, they will be removed from the program, and the original charges will be reinstated.
What if I Am Not Eligible for the Conditional Discharge Program?
If a person is not eligible for entry into the Conditional Discharge program, there are still several strategies to obtain a lesser charge or have the charges entirely dismissed. Depending on the circumstances and facts surrounding the case, a motion to suppress can be filed. It is the prosecution’s burden to prove beyond a reasonable doubt that the stop of either a motor vehicle or pedestrian was constitutional. If there was no valid reason for law enforcement to conduct either a motor vehicle or pedestrian stop, then the charges will be dismissed.
Additionally, due to New Jersey’s relaxed stance on marijuana, your possession charge can be dismissed based upon the new NJ Attorney General’s guidelines. Municipal prosecutors have additional discretion in marijuana-related cases. Depending on the specific facts of your case, our experienced attorneys can challenge the prosecution’s case and obtain a favorable result on your behalf.
Contact the Law Firm of Christopher A. Brown for Excellent Representation in Municipal Court.
If you or anyone you may know has been charged with possession of under 50 grams of marijuana, finding a competent attorney should be your top priority. Effective representation in Municipal Court can greatly affect the outcome of your case.
The attorneys at the Law Firm of Christopher A. Brown are tenacious advocates and strive to obtain the best possible outcome for every client. For experienced Municipal Court representation, please contact the Law Firm of Christopher A. Brown at (609) 344-8270 or at christopherbrownlaw.com for a free consultation.