The Former Prosecutor of Howell Is Ready To Defend Your Possession of Marijuana Charge
The controlled dangerous substance (“CDS”) possessed most often in Howell New Jersey is unquestionably marijuana. This is the primary reason why hundreds of criminal charges for possession of 50 grams or less of marijuana are filed in the township annually. Howell also has a significant number of individuals charged with possession of over 50 grams marijuana and even distribution of marijuana. Irrespective of the pedigree of marijuana offense that resulted in your being arrested, hiring a skilled attorney is important.
There are serious consequences under N.J.S.A. 2C:35-10 whenever someone is convicted of marijuana possession in Howell Municipal Court or at the Monmouth County Superior Court. There is not only a criminal record that can effect your future but also significant fines, a license suspension, probation and even the possibility of a jail/prison sentence. An accomplished defense lawyer is going to provide you with the best weapon in averting these penalties and collateral consequences.
We are The Law Offices of Jonathan F. Marshall, the largest criminal firm in Monmouth County with eight attorneys who handling nothing other the defense of the accused. Our team includes lawyers with over 100 years of experience defending marijuana possession charges and we even employ Matthew Dorry, the former prosecutor of Howell NJ. To speak to Matt or another attorney on our staff, call 732-450-8300 for a free consultation anytime 24/7.
Possession of 50 Grams or Less of Marijuana in Howell New Jersey
N.J.S.A. 2C:35-10a(4) makes it a disorderly persons offense to knowingly possess, either actually or constructively, a quantity of marijuana of 50 grams or less. Actual possession of marijuana applies where an individual has the drugs with his/her direct control such as in their pocket, purse, coat or similar manner. Marijuana is constructively possessed where it isn’t within the direct physical control of the accused but when he/she is aware of its presence and have both the ability and intention to exercise control over it in the future.
Disorderly persons offenses such as possession of 50 grams or less of marijuana fall within municipal court jurisdiction. Accordingly, you case will be heard in Howell Municipal Court if it involves this quantity of marijuana. A conviction can result in a fine of up to $1,000, probation, a license suspension of 6-24 months and also a county jail sentence of up to 6 months.
Possession of Over 50 Grams or Marijuana in Howell New Jersey
It is a fourth degree crime under N.J.S.A. 2C:35-10a(3) to possess over 50 grams of marijuana in Howell New Jersey or anywhere else in the state. This variety of marijuana possession is an indictable felony offense that falls within the jurisdiction of the Monmouth County Superior Court.
A conviction for possessing over 50 grams of marijuana carries severe penalties. You can be fine up to $25,000, have your licensed suspended for 5-24 months, be placed on probation or even sent to state prison for 18 months.
Ways To Avoid A Conviction
Our attorneys will challenge the prosecutor’s case against you. This may involve contesting the validity of the search or seizure that led to your arrest (e.g. police lacked a valid basis for a warrantless search, reasonable suspicion was lacking for the stop, etc.). Another viable avenue of defense is production of a valid lab report for the marijuana. The state is required to produce a chemical analysis that confirms that the substance is, in fact, marijuana. If the prosecutor cannot provide this scientific evidence in a timely manner, the charges must be dismissed. When all else fails, we can also explore diversion of your case through Conditional Discharge or Pretrial Intervention. These programs all an individual to avoid a conviction but have strict guidelines for admission and completion.
Marijuana Possession Lawyers in Howell
As lawyers that have been defending marijuana possession offenses in Howell for decades, we certainly know what it takes to succeed. It also helps that an attorney on our staff was the prosecutor in the municipality. When someone hires our firm to defend their Howell marijuana charge, they obtain the benefit of our considerable experience. To speak to a lawyer, including Matthew Dorry, about your marijuana possession offense, call our office at 732-450-8300. Attorneys are available around the clock to assist you and initial consultations are free.
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