The Differences between Actual Possession and Constructive Possession of Marijuana
Monmouth County Actual and Constructive Marijuana Possession Attorneys
Criminal Defense Attorneys serving Municipal Courts across Monmouth and Ocean County
There are many different charges that individuals face daily across New Jersey. However, drug crimes, and more specifically, marijuana possession charges, can be more complicated and involve many different factors. In particular, the weight of the marijuana found in direct or constructive possession is a large factor when determining the degree and severity of the crime. It is critical to know your rights and having a knowledgeable and skilled attorney at your side can give you a much greater chance of successfully defending your case.
The Criminal and Municipal Court Lawyers at Bronzino Law Firm, LLC, will do everything we can to identify the facts of your case that will lend themselves to the best possible result. Our team of attorneys is experienced in handling cases in municipalities across both Monmouth and Ocean counties. The relationship between the attorney carrying your case and the municipality you were charged in is very important and a key factor to consider. The Courts We Serve are any and all towns across Monmouth and Ocean County. Call us (732) 812-3102 for an initial consultation, we´d be glad to stand by your side,
Possession of Fewer or Greater than 50 grams of Marijuana
Possession of fewer than 50 grams of marijuana can carry a maximum charge of a $1,000 fine and up to 6 months in jail. However, possession of more than 50 grams of marijuana elevates the penalty to a maximum of $25,000 in fines and up to a year and a half in jail. Furthermore, the location of the arrest can also have significant consequences for your case as well. As many as 100 community service hours and extra fines may be assessed if you are arrested within 1,000 feet of a school.
It is important to remember that it is not uncommon for police to become overzealous when seeking to defend the community against drugs. In many cases involving marijuana, your defense may rest on whether or not the police violated your rights in collecting evidence or searching on you. Having a skilled and knowledgeable lawyer can help to reduce and even eliminate many marijuana charges.
Is there a difference between actual possession and constructive possession?
Actual possession of marijuana is easily defined. If one has possession of marijuana on their person, in their purse or handbag or in their backpack they are deemed to have actual possession of marijuana. However, constructive possession is much more complicated, abstract and controversial. Constructive possession is a legal fiction used to describe a situation in which an individual has some level of control over chattels or real property without actually having physical control of the same assets.
Constructive possession is an important concept in criminal law when dealing with drug crimes. For example, if a group of individuals is riding in a car and one of those individuals has marijuana on their person that they drop to the floor during a traffic stop, all individuals in that vehicle have constructive possession of that marijuana and can be charged with possession. This situation is by no means uncommon. It is important because a person with constructive possession stands in the same legal position as a person with actual possession.
It is often the practice of many law enforcement agencies to stretch constructive possession to fantastic levels. This may include charges all roommates living in an apartment with the marijuana possessed by one of them. In some cases, marijuana has been found on the ground or hidden near a group of individuals and all persons in the vicinity have been charged with possession.
Why is it important to have an experienced marijuana defense attorney when charged with possession in New Jersey?
Getting arrested for a marijuana charge in New Jersey, as with any other drug crime, can cause one to face some serious direct and collateral consequences. If convicted, you could face jail, fines, loss of your driver’s license as well as many other criminal penalties. Furthermore, you can also miss out on a job and educational opportunities with marijuana charges on your record.
An experienced attorney will:
- Closely examine and identify weaknesses in the state’s case
- Make sure all of your rights are respected and upheld
- Develop an effective defense strategy
- Aggressively pursue the best possible outcome for you
If arrested or charged with any drug or marijuana offense it is highly recommended to contact an experienced attorney before speaking to law enforcement.
Contact a Monmouth NJ Marijuana Possession Attorney to Review the Details of your Case
Bronzino Law Office, LLC is a well known, local criminal defense law firm that has experience representing clients facing marijuana-related charges. Our team of lawyers will help you understand the charge you are facing and the possible options you have moving forward in your case.
We prepare your defense based on the analysis made to your particular situation and the details surrounding your arrest. We take everything into consideration, elements such as if the police violated the Fourth Amendment or if they had a valid argument to stop you.A lot is at risk. Do not risk the future of you or your family.