Marijuana Possession Lawyers Ocean County NJ
The degree and severity of any possession marijuana charge in New Jersey is determined by the weight of the drugs found in the defendant’s possession. Higher weight brings higher penalties if found guilty of possession. The weight of 50 grams is a significant distinction point as possession of more than this weight will result in felony charges while below this weight falls into the category of a disorderly persons offense, which is also considered a misdemeanor.
The law is written in a way that defines under 50 grams of marijuana in any one persons’ possession could be considered personal property or for personal use. If a person is found to have more than the 50 gram amount they are considered to be likely distributing the substance, rather than just using it, and will be facing intent to distribute charges.
The Bronzino Law Firm LLC, has extensive experience in criminal law and has represented clients charged with drug crimes, including possession and distribution of marijuana and many other illegal narcotics in communities including Brick, Toms River, Wall, Point Pleasant, Manasquan and across Monmouth County, Ocean County and the entire Jersey Shore.
Marijuana Possession Under 50 Grams Brick NJ
Under New Jersey law N.J.S.A. 2C:35-10(a)(4) possession of 50 grams or less of marijuana is a disorderly persons offense. To achieve a conviction on this charge, the prosecutor must establish that you either knowingly or purposely possessed 50 grams or less of marijuana. To do this, the state’s prosecutor must prove that you were aware of the existence of the marijuana and that it was a controlled dangerous substance.
Under the above-mentioned law, possession can come in one of two forms. Firstly, having direct physical possession of marijuana in your pocket, purse or is otherwise under your direct control. Secondly, under 2C:35-10(a)(4) constructive possession occurs if you are aware of the existence of the marijuana and have the ability and intention to control it in the future. The classic scenario where this arises is when marijuana is hidden in a location which is outside the direct possession of the accused but he/she has the intention of partaking in it at some point in the future, i.e if marijuana is found in your car or home.
Penalties for Marijuana Possession Charges in Monmouth County
Possession of 50 grams or less of marijuana is a disorderly persons offense and is punishable by a fine of up to $1,000 and a jail sentence of as many as six months. Furthermore, New Jersey Law also mandates that the sentencing judge suspend the driver’s license of the defendant for a period of at least six months. Moreover, the period of suspension is increased to two years if the accused is also convicted of possession of marijuana in a motor vehicle.
Losing your license can be a serious problem for anyone, however, having any type of drug crimes conviction on your record can cause real damage to your future opportunities for employment, housing and travel. If you or someone you know are facing marijuana possession charges it is critical to retain an experienced and skilled drug crimes attorney as soon as possible.
Contact a Jersey Shore Drug Crimes Lawyer
If you are facing marijuana possession charges, Peter Bronzino and our team of attorneys have the knowledge and experience to fight on your behalf. The attorneys at Bronzino Law Firm LLC are not here to pass judgment; they are here to help. They have established themselves as a trusted resource with a top notch reputation by fiercely representing clients in Asbury Park, Neptune, Wall, Manasquan, Point Pleasant, Brick, Jackson, Sea Girt, and across Monmouth County, Ocean County as well as surrounding communities against all types of criminal charges. Call us (732) 812-3102 or fill out a contact form for a free initial consultation.