Charged With Possession of Marijuana in Middletown Township
There is no doubting that marijuana possession is the most common variety of drug offense issued in Middletown New Jersey. This violation comes in two varieties — fourth degree possession and possession of 50 grams or less of marijuana. The latter category of possession of marijuana is charged hundreds of times in the township every year. If you were arrested because you allegedly possessed this drug, our lawyers possess the qualifications your need to effectively defend this type of case. Marshall, Bonus, Proetta & Oliver, is the largest criminal firm in Monmouth County, has been defending charges in Middletown Municipal Court for well over two decades and includes several former prosecutors in the area. Call our Middletown Office at 732-615-0039 to speak to an attorney in an initial free consultation.
Middletown Marijuana Possession Offense
Both forms of marijuana possession contained in the New Jersey Criminal Code are set forth at N.J.S.A. 2C:35-10. Subsection (a)(4) makes it a disorderly persons offense to possess 50 grams or less of marijuana. Using or being under the influence of marijuana contrary to subsection (b) also falls within this grade. Jurisdiction to deal with this block of marijuana possession charge rests with the municipal court. It is however a fourth degree crime, the equivalent of a felony, to be in possession of more than 50 grams. This is an indictable offense that is too serious to be heard locally. If you were arrested for this variety of violation, your case will be sent to the Monmouth County Superior Court for resolution.
It is important for you to know that you can possess a drug like marijuana even though it was not on your person. Any time you are aware of the presence of a controlled dangerous substance (“CDS”) and have the ability and intent to exercise control over it in the future, you are deemed to constructively possess the material. Actual possession in your pocket, purse, etc., obviously also suffices to fulfill the possession requirement for you to be convicted under 2C:35-10.
The penalties for possessing marijuana hinge on whether the quantity involved more than 50 grams. A fourth degree marijuana possession offense carries 18 months in prison, a maximum fine of $25,000 and a 6-24 month driver’s license suspension. A disorderly persons offense for possession of 50 grams or less of marijuana results in a fine of up to $1,000, incarceration in the county jail for up to 6 months, and the same range of license suspension previously set forth. The judge in the Municipal Court of Middletown Township may also place you on a period of probation, order you to perform community service and/or undergo drug testing. Our attorneys can apply for conditional discharge to avoid many of these consequences, in addition to the resulting criminal record.
Possession of 50 Grams or Less of Marijuana Charge
If you were arrested for possessing 50 grams or less of marijuana in Middletown, do not be mistaken into thinking that you do not have a significant problem. A guilty finding will result in a record that will effect your life for many years. There are also significant fines and court assessments, as well as a mandatory suspension of your driver’s license. An attorney at Marshall, Bonus, Proetta & Oliver can assist you in averting these ramifications. In fact, our lawyers are successfully in most cases in avoiding a conviction. To speak to a lawyer on our staff anytime 24/7, call our office in Middletown at 732-615-0039 for a free consultation.
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