Robbinsville NJ Marijuana Possession Lawyer
Marijuana possession is certainly the most common drug offense in Robbinsville New Jersey. Although this charge is often viewed lightly given the perception that marijuana is boarding on legally, possession continues to result in a criminal offense in this state. The penalties and collateral consequences of possession of marijuana are, in fact, quite severe. You face fines, a license suspension and even the possibility of jail if you are convicted on a Robbinsville Township marijuana possession charge. You will also be left with a criminal record that can impact your future. It is therefore in your best interests to hire a skilled lawyer if you have been charged with marijuana possession in Robbinsville.
The attorneys at our firm have over a century of collective experience defending marijuana charges in Mercer County, including in Robbinsville. We know what it takes to overcome the bar against plea bargaining so that our clients avoid a potentially life altering conviction. Our former prosecutors and highly knowledgeable lawyers will challenging the motor vehicle stop or other circumstances surrounding the discovery of the marijuana so that your rights are fully protected. An attorney at the Law Offices of Jonathan F. Marshall will also relentlessly pursue discovery so that every possible angle for a dismissal is exhausted. To discuss the facts of your case and those strategies that can be undertaken on your behalf, call our office at 609–683–8102 for a free consultation with a lawyer on our staff.
Marijuana Possession Charge in Robbinsville New Jersey
If you are still unsure that your charge marijuana possession charge in Robbinsville New Jersey is serious enough to consider consulting an attorney, there is more you need to know. Possession of marijuana can result in a criminal conviction under N.J.S.A. C:35-10 in two different ways. The most frequently encountered scenario is under subsection a(4) of the statute for possessing 50 grams or less of marijuana. This is a disorderly persons offense, a misdemeanor, that falls within the jurisdiction of the Robbinsville Municipal Court. The second situation, which is less common, is being arrested because you possessed more than 50 grams of marijuana in violation of a(3) of 2C:35-10. This variety of marijuana possession is a fourth degree crime, a felony charge, that must be handled at the Mercer County Superior Court in Trenton. The headings that follow discuss particular issues that arise with a Robbinsville marijuana possession offense.
What Constitutes Possession Under 2C:35-10? An individual can violate this law if they actually or constructively possess marijuana. A person actually possesses a drug or cds when the item is in their direct physical custody. The most common form of actual possession is where someone has marijuana in their pocket or hand bag. Constructive possession is a more abstract concept since it applies when someone lacks custody but is aware of the presence of the marijuana and has both the ability and intent to exercise control over it in the future. This arises most often when a motorist or occupant of a car has marijuana hidden in a compartment or where drugs are stored in a place for safekeeping.
Penalties That Apply If You Are Convicted. Possession of 50 grams or less of marijuana in Robbinsville results in a fine of up to $1,000 and up to 6 months in jail. Fourth degree possession of more than 50 grams of marijuana carries penalties that include a prison term of up to 18 months and the possibility of a $25,000 fine. Individuals convicted of possession are also subject to a mandatory driver’s license suspension of 6-24 months.
Conditional Discharge To Resolve Your Marijuana Case. A first time offender who has never had a diversion before (e.g. Conditional Discharge, Pretrial Intervention or Conditional Dismissal) may apply to have his/her charge conditionally dismissed. The guidelines for this program are strict so consulting an attorney to secure this relief is encouraged.
Robbinsville Marijuana Possession Defense Attorney
If you were arrested for the possession of marijuana it is important that you protect your rights. Regardless of your age and previous criminal history, a drug related conviction can impact on your life so it is important that you speak to a knowledgeable defense attorney before making any moves. The lawyers that make up the defense team at the Law Offices of Jonathan F. Marshall are ready to discuss the facts surrounding the motor vehicle stop, search of your person and any other circumstances that led to your charge. We will then advise you as to your best options for averting the consequences of a conviction. An attorney with years of experience handling marijuana possession charges is just a telephone call away. Contact our office now at 609–683–8102 to speak to a lawyer immediately in a free consultation.