Arrested for Marijuana Possession or Distribution in Red Bank NJ
The most common drug offenses in Red Bank NJ involve possession or distribution of marijuana. Although many view this substances as akin to alcohol, law enforcement clearly does not share this perspective. Under N.J.S.A. 2C:35-10 possession of any quantity of marijuana is illegal and this fact is readily apparent to anyone sitting in Red Bank Municipal Court. There are many marijuana possession cases on the court’s mandatory appearance calendar with the volume of charges spiking during the summer. If you were arrested for possessing marijuana, our former prosecutors can provide skilled representation. Our firm has been appearing in the Red Bank Borough Municipal Court for decades. In fact, our main office is located right in downtown Red Bank. For an free initial consultation, call us anytime 24/7 at 732-450-8300.
Red Bank NJ Possession of Marijuana Offense
If you were found in possession of 50 grams or less of marijuana, your charge will be heard in Red Bank Municipal Court. This is a disorderly persons offense that is the equivalent of a misdemeanor. Nonetheless, a conviction can result in as much as 6 months in the Monmouth County Jail. There is also a 6-24 driver’s license suspension that applies. The only ways to avoid the consequences that come with a marijuana conviction under N.J.S.A. 2C:35-10 is through conditional discharge, dismissal or an amendment of the complaint to a different offense. When someone possesses over 50 grams of marijuana, the charge becomes an indictable felony. Unless you gain admission into the Pretrial Intervention Program, you will face a fine of up to $10,000 and a maximum prison term of 18 months. The mandatory driver’s license suspension also applies.
It is important to keep in mind that N.J.S.A. 2C:35-10 violations are not limited to possession of marijuana. The statute is also triggered where someone uses or is under the influence of marijuana. The penalties applicable to possession of less than 50 grams of marijuana, are the same ones that apply where the Red Bank charge involves smoking, ingesting or being under the influence of the drug.
Selling, Distributing or Possession With Intent to Distribute Marijuana in Red Bank
When someone’s marijuana charge involves selling or distributing this form of CDS, the potential consequences escalate dramatically. This is the case whether the violation falls under N.J.S.A. 2C:35-5 or involves an enhanced possession with intent to distribute charge by virtue of distribution in a school zone or public park. There is always the possibility of a long state prison sentence in marijuana distribution cases in Holmdel as this offense is always a felony of the fourth degree, third degree, second degree or even first degree. If you were arrested based on suspicion that you distributed marijuana, your case will not be heard in Holmdel Municipal Court as it lacks jurisdiction to preside over cases of this severity. The charge will be transferred to the Monmouth County Superior Court as an indictable crime. Responsibility for prosecuting the case will also fall within the duties of the Monmouth County Prosecutor’s Offices as opposed to the local prosecutor.
Red Bank Marijuana Lawyers
With recreational attractions that include the Red Bank fireworks and concerts, it should not be surprising that the Borough has its share of marijuana use. The problem is that this activity is illegal, leaves a criminal record, carries a mandatory license revocation and can actually land you in jail. Logic would suggest that any individual facing a possession charge or a more serious distribution offense, obtain the best legal representation they can afford. Our firm can offer you multiple attorneys who are highly accustomed to appearing in Red Bank Municipal Court on marijuana offenses. A lawyer on staff is available to consult with you 24/7.