Charged With Possession of 50 Grams or Less of Marijuana or Fourth Degree Marijuana Possession in Freehold New Jersey
Most people are aware that over the last several years certain states have decriminalized recreational use of marijuana. This is not the case in New Jersey and we assume that you learned this first hand because you have been charged with marijuana possession in Freehold.
A conviction for possession of marijuana, no matter how small the amount, results in a criminal record and other consequences that are potentially life altering. Selecting a savvy defense lawyer to defend your Freehold possession of marijuana charge can be invaluable in averting negative ramification.
If you are charged with possession of marijuana in Freehold New Jersey, the attorneys at the Law Offices of Jonathan F. Marshall have the skills to thoroughly protect your future. Our staff of criminal lawyers includes at least five former prosecutors and a team of litigators with over a century of experience defending Freehold marijuana charges.
To obtain a free consultation with a lawyer about your disorderly persons offense for 50 grams or less of marijuana or fourth degree crime for possession of over 50 grams, contact our Freehold Office. An attorney is available 24/7 to help you at 732-462-1197.
Possession of Marijuana New Jersey Criminal Statute N.J.S.A. 2C:35-10
The severity of a possession of marijuana charge depends on the amount of marijuana possessed. Under N.J.S.A. 2C:35-10(a)(4), possession of fifty grams of marijuana or less for personal use in Freehold will be charged as a disorderly persons offense that falls under the jurisdiction of the Freehold Municipal Court. The possible penalties upon conviction include up to six months in jail, a maximum fine of $1,000, a $500 Drug Enforcement Reduction penalty, up to two years of probation, mandatory drug counseling, periodic urine testing, and suspension of your driver’s license for up to two years.
If you are caught with a larger amount of marijuana, both the charge and the penalties you will face if convicted are more serious. Possession of more than 50 grams of marijuana is a fourth-degree indictable crime under N.J.S.A. 2C:35-10(a)(3). An offense falling within this grade is outside the authority of the Freehold Municipal Court and must be dealt with at the Monmouth County Superior Court. This courthouse is also located in Freehold. A conviction for fourth degree possession of marijuana carries up to 18 months in prison, a fine of up to $25,000, probation, a license suspension ranging from 6-24 months, community service and a felony record.
Defending a Marijuana Possession Charge in Freehold, New Jersey
There are three important things that we look into when defending our clients of a possession of marijuana charge. First of all, did the police have the right to stop and search you in the first place? The police have to follow very specific rules regarding when they can stop and search a person. If they did not follow those rules in your case, that evidence cannot be used against you and your case can be dismissed.
Secondly, can the state prove that you were in “knowing” possession of the marijuana? If, for instance, you were in a car and marijuana was found in that car, did you know it was there? Perhaps, someone left it in the car and you never even knew about it. This is not a crime. A good defense lawyer will know to ask this question and will make this argument in your defense if it pertains to your case.
Finally, there are drug diversion programs that can provide you with a way to have the charges dismissed and ultimately allow you to avoid a conviction and get on with your life. Conditional discharge is the program that applies to a 2C:35-10a(4) charge in Freehold Municipal Court. A fourth degree offense can only be diverted if you gain admission into the Pretrial Intervention Program.
Our Freehold New Jersey Marijuana Possession Lawyers Are Ready To Help You Immediately
If you have been charged with possession of marijuana in Freehold, New Jersey, you should definitely make it your business to retain the best attorney you can identify. The staff of lawyers at our firm, the Law Offices of Jonathan F. Marshall, have the type of credentials you need with over a century of experience defending marijuana possession charges in Monmouth County, including in Freehold. Call the Law Offices of Jonathan F. Marshall today at 732-462-1197 for immediate assistance from a skilled lawyer on our staff. There is no obligation to us when our attorneys provide a consultation so do not hesitate to contact us for the guidance you require.
Related Freehold NJ Criminal Resource Pages To Assist You
Freehold Drug Possession Defense Lawyer