Union NJ Possession of 50 Grams or Less of Marijuana Attorney
One of the most common criminal charges in Union County Municipal Courts is possession of 50 grams or less of marijuana. While you may be thinking that an attorney is unnecessary in defending this offense, you are mistaken in our judgement. Failure to handle your marijuana case properly can easily result in a driver’s license suspension of at least six months even if you were not charged with possession of cds in a motor vehicle and a criminal record that will follow you around for years to come. A defense lawyer who is skilled in defending possession of 50 grams or less of marijuana charges like those at the Law Offices of Jonathan F. Marshall can insure that negative ramifications such as these are avoided. We are former prosecutors and highly knowledgeable criminal attorneys with over 100 years of experience defending cases in Cranford, Westfield, Roselle, Plainfield, Union Township and other towns in Union County. Contact our lawyers in Union NJ at 908-272-1700 for a free initial consultation to discuss your charge for possession of 50 grams or less of marijuana.
Charged With Possessing 50 Grams or Less of Marijuana Under N.J.S.A. 2C:35-10(a)(4)
In accordance with section a(4) of N.J.S.A. 2C:35-10, it is a illegal to possess less than 50 grams of marijuana. Under the statute, the term “possess” or “possession” contemplates that the control of the marijuana was knowingly or purposely. The possession of marijuana need not, however, be actual physical possession to satisfy this requirement. Constructive possession suffices under the law. An individual has constructive possession of marijuana when he or she is aware of the presence of the substance and has the capacity to exercise control over it.
The most common way our attorneys are able to resolve these types of charges is through the arrangement of a Conditional Discharge, or in some cases, through an outright dismissal of the charges. A conditional discharge is a diversionary program that clients may be eligible for, and satisfaction of a conditional discharge (usually a one-year probationary period) will lead to the prosecutor dropping the charges altogether. A dismissal of the charges may also be sought after through the use of a well-argued suppression motion, meaning that the evidence seized (in this case, marijuana or other paraphernalia) is thrown out due to improper search methods, warrantless searches, inadmissible lab reports, or some other circumstance that our marijuana defense attorneys are able to bring forward.
Penalties for Possessing Less than Fifty (50) Grams of Marijuana
The sanction which is typically the most concerning to individuals charged with a disorderly persons offense for possession of 50 grams or less of marijuana is the six (6) to twenty-four (24) month driver’s license suspension. While this requirement was long mandatory, the law has been amended to carve out a narrow exception where the suspension would result in an extraordinary hardship to the defendant. With sound preparation and legal argument, our lawyers are often able to overcome drivers license suspension for those convicted of possessing less than fifty grams. The law also allows municipal courts in Union County and elsewhere in the state to impose a jail sentence of up to six (6) months, probation, and significant fines.
Springfield NJ Possession of Less Than 50 Grams of Marijuana Lawyer
The most common drug charge encountered by our attorneys in Union County is Possession of Less than 50 Grams of Marijuana. This form of marijuana offense is what is referred to as a disorderly persons offense (i.e. a misdemeanor under NJ law). This grade of charge is heard in the municipal court of the town where accused was arrested and charge with violating N.J.S.A. 2C:35-10(a)(4). A lawyer at the Law Offices of Jonathan F. Marshall with decades of experience handling a charge for possession of 50 grams of marijuana is available immediately to assist you. We defend this violation throughout the county including in Hillside, Kenilworth, Springfield, Linden and Clark. Every attorney on our defense team is happy to put their expertise to work for those charged with charges such as yours. Give us a call for sound guidance.
