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

Union County NJ Criminal Defense Lawyers

Over 200 Years Combined Experience

Former County & Municipal Prosecutors

Union NJ Marijuana Possession Attorney

Charged With Possession of 50 Grams or Less of Marijuana in Union New Jersey

One of the most common criminal offenses in Union New Jersey is marijuana possession. Charges for possession of 50 grams or less of marijuana are certainly encountered far more than other varieties of this offense. In fact, an individual might even think that being charged with possession of marijuana in Union Township is nothing you need an attorney to handle given all the media attention to legalization of this form of controlled dangerous substance (“CDS”). This type of thinking is clearly mistaken.

Depending upon the weight of the marijuana possessed at the time of your arrest, you could be charged with a felony and face up to 18 months in prison and fines up to $25,000. Even if the weight qualifies as a disorderly persons offense, you could still face six months in jail, a fine up to $1,000 and the suspension of your driving privileges for up to two years.

The attorneys at the Law Offices of Jonathan F. Marshall include former prosecutors and seasoned litigators with years of experience defending individuals charged with marijuana possession in the municipality of Union.  A lawyer who understands the consequences associated with marijuana charges and, more importantly, how to effectively defend this drug offense is ready to assist you. Call us at 908-272-1700 to speak to an attorney immediately.

Marijuana Possession Charge in Union New Jersey

A marijuana possession charge in Union can result in either a fourth degree crime or disorderly persons offense under N.J.S.A. 2C:35-10. This statute makes it “unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively a controlled dangerous substance” such as marijuana. The severity of a marijuana possession charge depends upon the quantity. Possession of more than 50 grams of marijuana is a crime of the fourth degree, the equivalent of a felony under N.J.S.A. 2C:35-10(a) (3). Possession of 50 grams or less of marijuana is a disorderly persons offense.

Prosecutors must prove beyond a reasonable doubt that you knowingly or purposely possessed marijuana in order to convict you of the charges. Even if you did not actual physical possession of it, prosecutors can rely upon the principle of constructive possession under which you can be convicted for knowing it was present and having the ability to exercise control over it. For example, if your car is pulled over by the police and your passenger hides marijuana under the seat, everyone in the vehicle can be charged with constructive possession of it. Effective defenses to possession charges include challenging the manner in which police seized evidence and the admissibility of lab reports through a motion to suppress.

Possession of More than 50 Grams or Marijuana

A fourth degree crime for possession of marijuana falls within the jurisdiction of the Union County Superior Court. The penalties for fourth degree possession of marijuana include:

Possession of 50 Grams or Less of Marijuana

Possession of 50 grams or less of marijuana is a disorderly person offense that falls squarely under the jurisdiction of the Union Municipal Court. The judge in Union can impose the following penalties:

Our attorneys work diligently to minimize the severity of the punishment associated with a marijuana conviction. We routinely pursue a conditional discharge for our clients who are eligible for it. Under this diversionary program, if you have not been previously convicted of a drug crime, you could be sentenced to a year on probation. If you satisfactorily complete program, the charges against you will be dismissed.

Union NJ Marijuana Possession Attorney

Marijuana possession is a much more serious offense than you might anticipate. Our criminal defense lawyers will put their knowledge of the law and skills in the courtroom to work so that you are insulated from the negative consequences provided under 2C:35-10. At the Law Offices of Jonathan F. Marshall, we take threats to your record, ability to drive and liberty very seriously. An attorney, including one of our former prosecutors, is prepared to put its century of combined experience into action on your behalf. Contact our Union Township Office at 908-272-1700 to speak to a qualified lawyer immediately.