Serving the Elizabeth NJ Superior Court & All Municipal Courts in Union County

Union County NJ Criminal Defense Lawyers

Over 100 Year of Combined Experience

Former County & Municipal Prosecutors



Berkeley Heights Marijuana Possession Lawyer

Charged With Possessing Marijuana in Berkeley Heights New Jersey

There is no doubt that the criminal charge encountered most often in Berkeley Heights is marijuana possession. Our attorneys see many offenses for possession of 50 grams or less of marijuana in Berkeley Heights Municipal Court. If you were arrested and charged because you allegedly possessed marijuana in Berkeley Heights, the lawyers at our firm can help you avert a record and penalties for this offense. The Marshall Law Firm has a eight criminal defense attorneys with over 100 years of combined experience, including significant time serving as prosecutors. An attorney who has vast knowledge in this area is available to provide a free consultation 24/7. Contact our office at 908-272-1700 to speak to a lawyer immediately if you have been accused of possessing marijuana in Berkeley Heights New Jersey.

Berkeley Heights Marijuana Possession Offense

The law governing possession of marijuana charges in Berkeley Heights and the rest of the municipalities in Union County is N.J.S.A. 2C:35-10. This law makes it a disorderly persons offense to possess 50 grams or less of marijuana and a fourth degree crime to be in possession of more than 50 grams or marijuana. To be convicted of either grade of this offense, the prosecutor must establish that you knowingly possessed marijuana either actually or constructively in Berkeley Heights. Actual possession occurs where there is direct physical control over the marijuana such as where it is in your hand, pocket or the hand bag or backpack you are carrying. Constructive possession is triggered when someone, while not in direct control, is aware of the existence of the marijuana and has the ability and intention to take custody over it.

Jurisdiction. A disorderly persons offense for possession of 50 grams or marijuana in Berkeley Heights falls under municipal court jurisdiction. Your case will therefore be heard in Berkeley Heights Municipal Court if you were charged under 2C:35-10a(4). If you possessed over 50 grams of marijuana, you are facing a fourth degree crime and your case must be sent to the Union County Superior Court in Elizabeth for resolution.

Penalties. The penalties for possession of marijuana include up to a $1,000 fine, probation, drug testing and/or up to 6 months in jail for a disorderly persons offense for possession of 50 grams or less. Fourth degree possession of marijuana carries a fine of up to $25,000, probation, drug counseling and other penalties that include up to 18 months in prison.

License Suspension. Every conviction for possession of marijuana triggers a 6-24 month driver’s license suspension.

Diversion Programs. A first time offender can avoid a conviction if he/she successfully gains admission and completes either the Conditional Discharge Program (i.e. for disorderly persons offense) or Pretrial Intervention (i.e. fourth degree crime). The requirements to secure this relief are stringent so you are highly advised to consult an accomplished marijuana defense lawyer if you want to avail yourself of either program.

Berkeley Heights Marijuana Possession Defense Attorney

Marijuana possession in Berkeley Heights has the ability to cause much more serious penalties and collateral consequences than you would think. Hiring the right defense attorney to handle your charge is probably the most important decision you can make in terms of arming yourself against a conviction. The attorneys that make up our defense team are seasoned former prosecutors with over a century of combined experience. We unquestionable have a lawyer who can help you move on with your life without a criminal record and other ramifications that can apply if you are found guilty for possessing marijuana. Call us at 908-272-1700 to speak to one of our lawyers now.