Arrested for Possessing Marijuana in the City of Linden
There seems to be a wave of marijuana legalization efforts throughout the nation. Indeed, some State legislatures are contemplating legalizing marijuana, while others are greatly reducing the consequences for marijuana possession in small amounts. That trend, however, should not lull you into a sense of security in the City of Linden. Possession of marijuana, even in very small amounts, is still illegal throughout Union County and New Jersey. In fact, you can be arrested in Linden for not only possessing marijuana but also for possession of marijuana drug paraphernalia such as rolling paper, bongs, pipes one-hitters, and jars. If you have been arrested on a marijuana possession charge, you should secure good legal representation from an attorney as soon as possible. The lawyers at the Law Offices of Jonathan F. Marshall, many of whom are former prosecutors, have the specialized experience in handling marijuana possession cases in Linden Municipal Court and throughout Union County. The attorneys at the firm will ensure that you get the best result in your case by challenging the underlying charge and any constitutional issues that may have led to your arrest. Contact our Union NJ Office today at 908-272-1700 for a free consultation with a qualified defense lawyer.
Marijuana Possession Charge in Linden New Jersey
New Jersey prosecutes those charged with marijuana possession in Linden New Jersey under N.J.S.A. 2C:35-10. The seriousness of an offense under this law depends upon whether the accused is in possession of more or less than 50 grams of marijuana when he/she is arrested.
Under N.J.S.A. 2C:35-10(a)(3), possession of more than 50 grams of marijuana is a fourth-degree offense. Such an offense is brought in Union County Superior Court in Elizabeth, because a fourth-degree offense is considered a felony.
By contrast, under N.J.S.A. 2C:35-10(a)(4), possession of 50 grams or less of marijuana is charged as a disorderly persons offense, which is typically prosecuted in Linden Municipal Court.
Penalties for Possessing Marijuana. A fourth degree crime for possessing more than 50 grams of marijuana carries a sentence of up to 18 months in prison and a fine of up to $25,000. The disorderly persons offense of possession of 50 grams or less of marijuana carries a sentence of up to 6 months in jail and a fine of up to $1,000. In addition, a person convicted for either offense is subject to a 6-month suspension of his or her driver’s license, even if the marijuana was not found in a car. If the possession of marijuana occurred within 1,000 feet of a school or school bus (regardless of whether children were present), the person convicted must be sentenced to 100 hours of community service if a jail sentence is not imposed.
Conditional Discharge & Pretrial Intervention. Given the severity of the penalties for possession of marijuana under 2C:35-10, a first-time offender should always consider seeking relief through either the Conditional Discharge Program for possession of 50 grams or less of marijuana or the Pretrial Intervention Program for possession of over 50 grams of marijuana. Successfully gaining admission and completing these programs allows you to avoid a criminal record and many of the penalties previously set forth. The guidelines are strict for both so it is best to consult an accomplished Linden Criminal Lawyer if you want to secure the benefit of either program.
Linden Marijuana Possession Defense Lawyers
Although there is greater acceptance of marijuana use and a trend toward leniency in how police handle marijuana cases, possession of marijuana in Linden specifically, and New Jersey generally, is still illegal. If you find yourself accused of possession of marijuana in Linden, contact the team of experienced criminal defense lawyers at the Law Offices of Jonathan F. Marshall. The attorneys on our team have successfully handled thousands of possession of marijuana cases and will work hard to try to get your case dismissed. Call us at 908-272-1700 to speak to a highly knowledgeable attorney. A lawyer is available any time of day or night to assist you in a free consultation.
