Chat with us, powered by LiveChat
Free Initial Consultation Available 24 / 7 All Major Credit Cards Accepted 1200 Route 22 East, Suite 2000, Bridgewater, NJ 08807 908-533-1064

Marijuana Possession

Contact us for a free consultation and our attorneys will assist you immediately

schedule consultation
William A ProettaReviewsout of 30 reviews Keith G OliverReviewsout of 55 reviews

Bridgewater NJ Marijuana Lawyer

Bridgewater NJ Marijuana LawyersIf you or a loved one has been arrested and charged with the possession of marijuana in Somerset County, the criminal defense attorneys at Proetta & Oliver can help. Possession of marijuana is one of those hybrid charges in New Jersey. Meaning that it can either be a felony offense or a disorderly persons offense, which is New Jersey’s version of a misdemeanor. Regardless of the degree, the penalties if convicted can be devastating to your future. They can include, incarceration, high fines, court mandated rehab and a license loss, even for first time offenders. In addition, most of our clients who are charged with the possession of marijuana are also facing drug paraphernalia and possession of cds in a motor vehicle charges as well. These are serious charges and should not be taken lightly. Contrary to what most people believe, marijuana is still illegal in New Jersey regardless of whether or not it legal or at least decriminalized in other states. Our attorneys are available immediately to discuss any potential questions in which you may have. We can be reached at (908)533-1064.

At Proetta & Oliver our attorneys are well aware of the stress and pressure that most people feel when they face are facing criminal charges. Our attorneys will work hard to formulate a game plan that works best to suit your needs, whether that be a trial, suppression hearing or negotiating a favorable plea agreement. We pride ourselves on being able to adapt our representation to fulfill our client’s needs as we are well aware that no two clients let alone no two cases are the same. If you would like to speak to Mr. Oliver or one of the other attorneys on staff about your options, then please contact us directly at (908)533-1064. We serve all of Somerset County, including towns like Bernards, Bedminster, Raritan, Somerville, Bound Brook, South Bound Brook, Watchung, Bridgewater and Franklin. If you have any questions whatsoever, please do not hesitate to contact us.

Marijuana Possession Lawyer in Green Brook NJ

Marijuana possession charges in New Jersey will be governed by NJSA 2C:35-10a(4). Anyone caught possessing less than 50 grams of marijuana will be charged with a disorderly persons offense (misdemeanor). Conversely, anyone caught possessing more than 50 grams of marijuana will be charged with a fourth degree felony. Interestingly enough, a Defendant could be caught with less than 50 grams of marijuana but be charged with the possession of marijuana with the intent to distribute, which also could be a felony offense as well. For more information on how to defend a marijuana distribution charge in New Jersey please click the link. Now here is some more information on the difference between a fourth degree felony marijuana charge and a disorderly persons offense marijuana charge.

Will I go to Jail for Marijuana Possession Charge in NJ?

As stated above, New Jersey has chosen to break marijuana possession charges down into two different categories, possession over 50 grams and under 50 grams. Here is a breakdown in the potential penalties.

NJSA 2C:35-10a(3)- 4th Degree Felony Marijuana Lawyer in Readington NJ

  • 18 Months in a State Prison
  • $15,000 Fine
  • $75 Safe Neighborhood Service Fund
  • $30 Law Enforcement Officers Training and Equipment Fund
  • $50 Victims of Crimes Compensation Fund
  • 6 Month Loss of License
  • Probation
  • Community Service
  • Court Ordered Rehab

NJSA 2C:35-10a(4)- Disorderly Persons Offense Marijuana Lawyer in Bound Brook NJ

  • 6 Months in Somerset County Jail
  • $1,000 Fine
  • $75 Safe Neighborhood Service Fund
  • $30 Law Enforcement Officers Training and Equipment Fund
  • $50 Victims of Crimes Compensation Fund
  • 6 Month Loss of License
  • Probation
  • Community Service
  • Court Ordered Rehab.

How to Avoid Jail Time on Marijuana Charges in NJ?

New Jersey created several different diversionary programs that if a Defendant is eligible for, they could help keep them not only out of jail but without a record as well. Those programs include the conditional discharge program and the pretrial intervention program. For more information on these programs, please feel free to contact our office at (908)533-1064.

How to Defend a Marijuana Charge in NJ?

When it comes to defending marijuana charges in New Jersey there are several key aspects of the case that a defense attorney can look to exploit. Here is a list of some of those areas:

  • First and foremost, is the probable cause for the search and/or seizure. Almost every drug case will revolve around some form of a search or seizure.
  • Secondly, is the “possession” aspect of the case. In order to be convicted, the state must prove that the Defendant did in fact possess the marijuana. To do so, they could look to either the actual possession, constructive possession and/or joint possession. The two latter theories can be a good area to look to exploit.
  • Lastly, if there was a motor vehicle stop, what was the validity of the stop? If the initial stop is determined to invalid, the entire case will most likely need to be thrown out.

Raritan NJ Marijuana Lawyer

If you have been charged with unlawful possession of marijuana, the possession of heroin, the distribution of marijuana, the possession of cocaine with the intent to distribute in Somerset County, the attorneys at Proetta & Oliver can help. Our lawyers are well aware of what a criminal conviction, let alone a felony drug conviction can do to your life. If you would like to come into our office and speak to one of our Somerset County criminal defense attorneys about your options, then please contact us at (908)533-164. We serve all of Somerset County including towns like Watchung, Bernards, Franklin, Raritan, Bridgewater, Hillsborough, North Plainfield and Somerville.