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Possession of Marijuana under 50 Grams

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

Possession of Marijuana Under 50 Grams in Bridgewater NJ

One of the most common criminal offenses issued in all of New Jersey, including Hunterdon and Somerset County is the possession of marijuana under 50 grams. There is a huge misconception going on that marijuana charges in New Jersey are “no big deal”. That could not be any further from the truth. Unless a Defendant has a medical marijuana card, marijuana is still illegal in New Jersey, regardless of whether it has been decriminalized in New York or being legal in Colorado. In fact, possession of marijuana under 50 grams is a criminal offense in New Jersey. If convicted, a Defendant would be facing not only high fines and a criminal record but even jail time. If you have been arrested and charged with the possession of marijuana and you would like to speak to one of our criminal defense attorneys about your options, then please contact us at (908)533-1064. Our attorneys are available immediately for a free initial consultation today.

At Proetta & Oliver we fully understand what a criminal conviction, let alone jail time could do to one’s life. As such, we are dedicated to aggressively challenge the evidence presented against you in order to obtain a favorable outcome.  If you have been accused of the possession of marijuana, the possession of drug paraphernalia, the possession of marijuana with the intent to distribute or the possession of marijuana over 50 grams, the criminal defense attorneys at Proetta & Oliver can help. We serve all of Hunterdon & Somerset County, including towns like Bridgewater, Somerville, Raritan, Clinton, North Plainfield, South Bound Brook, Bound Brook, Flemington, West Amwell, Raritan and Readington. If you would like to come into our office for a free face to face consultation then please contact us directly at (908)533-1064. We can go over the specific facts of your case and formulate a game plan that works best to suit your needs.  Do not let a simple mistake or lapse in judgement ruin your future.

Clinton NJ Possession of Marijuana Lawyer

Marijuana Charges in NJ: NJSA 2C:35-10a(4)

All drug offenses in New Jersey will be governed by NJSA 2C:35-10, including the possession of marijuana. The specific subsection that covers the possession of marijuana under 50 grams is NJSA 2C:35-10a(4). Just to put it into perspective how serious New Jersey takes these types of charges, the possession of marijuana under 50 grams is one of only two charges in the criminal code where plea bargaining is prohibited. The other charge being driving while intoxicated (DWI). So, in other words a Defendant charged with the possession of more than 50 grams of marijuana or a homicide is permitted to engage in plea negotiations. If you would like to speak to one of our Somerset County criminal defense attorneys about your options then please contact us at (908)533-1064.

As stated above, the possession of marijuana under 50 grams is governed by NJSA 2C:35-10a(4). The statute states in pertinent part that:

  • “It is unlawful for any person knowingly or purposely, to obtain or to possess, actually or constructively, a controlled dangerous substance”

So, in order to be convicted of the possession of marijuana under 50 grams, the prosecution must prove the following elements:

  • The Marijuana in question is considered a controlled dangerous substance (CDS); &
  • That the Defendant possessed or obtained the marijuana in question; &
  • In doing so, the Defendant acted knowingly or purposely in possessing or obtaining the marijuana

It is important to note here that the prosecution does not need to prove that the Defendant actually possessed the marijuana in question. They can seek to prove the “possession” under alternative theories, like constructive and joint possession. For more information on how these theories can be used against you and how to defend them, please contact our office at (908)533-1064.

How to Defend a Marijuana Charge in NJ?

When it comes to defending a marijuana charges, the criminal defense attorneys at Proetta & Oliver will look to exploit several key angles, including the following:

  • Was there Probable Cause for the Motor Vehicle Stop?
  • Was there Probable Cause for the Seizure?
  • Was there Probable Cause to Search the Motor Vehicle and/or the Defendant?
  • Were Miranda warning given? Any inculpatory statements made?
  • Where was the Marijuana found?
    • Constructive Possession?
    • Actual Possession?
    • Joint Possession?

These are just a few of the areas that we will look to exploit when we are defending any drug charge in New Jersey. If you would like to speak to one of our Hunterdon and Somerset County criminal defense lawyers about your options then please contact us at (908)533-1064.

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

The possession of marijuana under 50 grams is a disorderly persons offense in New Jersey. If convicted, a Defendant would be facing the following penalties:

  • 6 Months in the County Jail;
  • $1,000 Fine;
  • $500 Drug Enforcement and Demand Reduction Penalty (DEDR)
  • $75 Safe Neighborhood Penalty;
  • $50 Victims of Violent Crimes Penalty;
  • $50 Lab Fee;
  • $30 Law Enforcement Organization Penalty;
  • Criminal Record;
  • 6 Month Loss of License.

With that being said, there is a diversionary program in New Jersey known as the Conditional Discharge Program that certain Defendants may be able to take advantage of. If a Defendant is eligible and if they successfully complete the program, the charges will ultimately be dismissed outright.

Readington NJ Marijuana Lawyer

Whether you have been charged with possession of marijuana under 50 grams, the possession of heroin, the possession cocaine with the intent to distribute or the distribution of heroin, the criminal defense attorneys at Proetta & Oliver can help. These are serious criminal offenses and they should not be taken lightly. If you would like to speak to one of the experienced criminal defense attorneys at Proetta & Oliver then please contact us at (908)533-1064. We serve all of Hunterdon and Somerset County including, Raritan, Readington, Clinton, Flemington, Bridgewater, North Plainfield, Bound Brook, Bernards, Bedminster, Watchung, Manville, Montgomery, Far Hills and Hillsborough.