Charged With Possession of Marijuana in Sea Girt NJ
The controlled dangerous substance (“CDS”) that arises most often in Sea Girt is certainly marijuana. Although the drug can arise in a wide range of settings, the most common pedigree of marijuana charge is possession. If you were charged with a Sea Girt possession of marijuana offense, hiring a skilled defense attorney is an important step in protecting your future.
We are the Law Offices of Jonathan F. Marshall, a team of criminal lawyers and former prosecutors that is the largest in Monmouth County. You should also know that our attorneys have been representing clients in Sea Girt Municipal Court for decades. To speak to a lawyer about your marijuana possession offense in Sea Girt, contact our Wall Office at 732-449-2292.
How Does The Prosecutor Prove A Sea Girt Marijuana Possession Offense?
To convict you of violating N.J.S.A. 2C:35-10, the prosecutor must prove, beyond reasonable doubt, that you knowingly possessed marijuana. Possession can be established two way either actually or constructively. Someone has actual possession of marijuana when the drug is in their direct physical control. The typical example of direct/actual possession is where someone has marijuana in their pocket, purse they are carrying, jacket or similar item within their dominion and control.
Constructive possession is the second way someone can violate 2C:35-10. This occurs when someone lacks direct control but is aware of the presence of the marijuana and has the intention and ability to take ownership of it in the future. The classic example of constructive possession of marijuana is where the CDS is concealed in a car, house, apartment or other location but accused is aware of its existence and, more importantly, has both the ability and intention to take control over it in the future.
What Penalties Apply Upon Conviction For Possessing Marijuana in Sea Girt New Jersey?
The penalties for possessing marijuana in Sea Girt hinge on the quantity possessed. It is a fourth degree crime under 2C:35-10a(3) to possess over 50 grams of marijuana. This variety of marijuana possession is a felony that can only be resolved at the Monmouth County Superior Court in Freehold. You face a fine of up to $25,000, up to 18 months in prison, probation, community service and a 6-24 license suspension upon conviction.
The largest number of Sea Girt possession of marijuana cases are those involving 50 grams or less in violation of 2C:35-10a(4). If you were arrested on the beach, in your car or in any other context for possessing marijuana in this manner, you face conviction for a disorderly persons offense. The judge of Sea Girt Municipal Court can sentence you to a fine of up to $10,000, up to 6 months in the county jail, probation, community service and suspend your driver’s license for 6-24 months.
Diversion of a Sea Girt Marijuana Charge. One avenue that our Sea Girt criminal attorneys utilize to avoid conviction is to apply for conditional discharge or pretrial intervention. Both of these programs are reserved to first time offenders and are only available once in a person’s lifetime. Completion requires that the applicant remain arrest and drug free for 6-12 months. If this is accomplished, the individual avoids any criminal record.
Sea Girt NJ Marijuana Possession Defense Lawyers
If you are in need of an attorney to defend a criminal charge such as possession of marijuana in Sea Girt, you have landed in the right place. Our staff of highly experienced defense lawyers have been appearing in Sea Girt Municipal Court and other local courts for decades and have over 100 combined years in practice. The majority of the team has also served as prosecutor in the region. Contact our office anytime of day or night to speak to a lawyer at the Law Offices of Jonathan F. Marshall with the knowledge and skill to help you. Attorneys are standing by now at 732-449-2292 to answer your questions in a free consultation.
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