Marijuana Possession Charges Dismissed
Proetta & Oliver was just able to secure an outright dismissal of marijuana charges for a client in the Hillsborough Municipal Court. Our client was involved in the all to common fact pattern, he was the passenger in a motor vehicle, that was stopped for an alleged motor vehicle violation and when a search was conducted, it revealed a quantity of marijuana, which was located in a “common area”. Since neither the driver, our client or the backseat passenger took responsibility for the marijuana, all three of the individuals were arrested and charged with possession of marijuana under 50 grams.
Possession of Marijuana Under 50 Grams Dismissed in Hillsborough
Possession of marijuana under 50 grams is a disorderly persons offense, which is New Jersey’s version of a misdemeanor. Yes, marijuana is still illegal in New Jersey! If convicted our client would be facing the following penalties:
- 6 Months in the Somerset County Jail
- $1,000 Fine
- $500 DEDR (Drug Enforcement and Demand Reduction)
- $50 Forensic Laboratory Fee
- $30 LEO (Law Enforcement Officers Training and Equipment Fee)
- $50 VCCO (Victims of Crimes Compensation Fund Fee)
- $75 SNSF (Safe Neighborhood Services Fund Fee)
- 6 Month Loss of License
- Community Service
- Court Ordered Rehab
How to Defend a Marijuana Charge in New Jersey
Based on the facts and the circumstances surrounding the incident, the prosecution was going to have to establish “possession” under a constructive possession theory. The constructive possession theory arise when the Defendant does not actually physically possess the contraband in question but is aware that the contraband is present and has the ability and intent to actually exercise control over it at some point in time. Based on the location of the marijuana, the driver’s actions and the comments made by all three parties involved, it was clear that although nobody took ownership over the marijuana, the prosecution was going to have a difficult defeat establishing that our client had constructive possession over the marijuana. As a result, the prosecution agreed to dismiss the marijuana charges against our client. As a result of the outright dismissal, we were also able to petition the court immediately for an expungement of the arrest as well. So our client went from facing the above mentioned penalties to having the charges outright dismissed and the underlying arrest expunged off his record immediately.
Here is what our client had to say about their experience with Proetta & Oliver:
My son was looking at 6 months in jail and or 12 months probation. Keith had all the charges dropped and my son walked out of court in 20 minutes! Professional, knows the law, caring, great follow up. I highly recommend Keith Oliver.
Hillsborough NJ Marijuana Possession Defense Lawyer
Proetta & Oliver is a criminal defense firm, comprised of attorneys who have dedicated their entire careers to defending those accused of crimes, including crimes like the possession of marijuana, possession of drug paraphernalia, possession of CDS in a motor vehicle, obstruction, driving while intoxicated and simple assault. Our office appears in courts throughout New Jersey, including courts throughout Somerset County, including Hillsborough, Raritan, Franklin, Bound Brook, Bridgewater, Green Brook, Watchung, North Plainfield and Readington. To set up a free initial consultation with one of our criminal defense attorneys then please contact us at 908-533-1064 or you can try contacting us online.
State v. N.P. 2018