Toms River Marijuana Possession Lawyer

If you have found this site, then you or a loved one has recently discovered that it’s not legal yet! The single most common drug offense charged in New Jersey is Possession of Less Than 50 Grams of Marijuana. This offense is often accompanied by the charges of Drug Paraphernalia and CDS in a Motor Vehicle. If you or a loved one has been arrested and charged with marijuana possession, it is important to understand that you are facing a criminal record with exposure to jail time, probation, and significant fines.

A major portion of our practice at McGuckin Law is the defense of individuals facing Marijuana Possession charges throughout Central NJ and the Jersey Shore including Toms River, Edison, Holmdel, New Brunswick, Jackson, Howell, Ship Bottom, Belmar, Tinton Falls, and Sayreville. We offer free consultations and are located in Monmouth, Ocean and Middlesex County. Call McGuckin Law today at 732.924.4200.

Edison NJ Marijuana Arrest – Fight the Charges

So you’ve been arrested and charge with marijuana possession. There are various ways to strategically defend your case and fight the charges depending upon various factors, including:

Legal issues: Whether you are facing a first marijuana offense or are a repeat offender, we will always look to the facts of the case to see if there are any exploitable legal issues resulting from police conduct, violations of constitutional rights, or the state’s inability to prove the case. These issues can include:

  • Warrantless search of a vehicle or home;
  • Lack of probable cause to search or seize;
  • Excludable statements made by defendant (Miranda Issues);
  • No evidence found.

The better the legal issues are, the better chance we have of beating or downgrading your charges. During our deliberate, detail-oriented review of your case, including police reports, statements, and audio and video evidence, we will keep you apprised of any issues that we find and opportunities to leverage our issues with the prosecutor. If necessary, we are prepared to file motions to suppress evidence and aggressively fight your case at trial.

Procedural Issues: In addition to fighting your case based upon the facts, we also hold the prosecutor to an appropriate standard, demanding all discoverable materials in a timely and compliant matter and readily file motions if the state’s efforts are insufficient. One common example of a procedural issue is the state’s inability to produce a scientific lab result confirming that the substance is in fact marijuana.

 No prior record: If you are a first time offender and have never previously been convicted of or gained entry into a diversionary program such as PTI or a Conditional Discharge, then you are most likely eligible for a Conditional Discharge (CD). A CD is a great tool for first offenders because, after one year of compliance and successful completion, the underlying offense will be dismissed. It is important to remember that a CD is a one-time event and violating its terms will lead to the original charges being reopened with the benefit of a future diversionary program. Bear in mind that retaining an attorney is still to your benefit as a dismissed case s better than a diverted case.

 Existence of a prior record: If you have been convicted of a drug offense or either successfully or unsuccessfully entered a diversionary program such as Pre-Trial Intervention or a Conditional Discharge, then you are not eligible for a Conditional Discharge. In these cases,

Holmdel Marijuana Defense Attorney

NJ Marijuana Possession Law

The following is New Jersey’s marijuana possession statute for your review.

N.J.S.A. 2C:35-10(a)(4) Possession of Marijuana under 50 Grams

Marijuana is far and away the most common narcotic in New Jersey. As such, the scope of the law that it is governed by is very broad. The consequences for marijuana charges can vary in severity. Penalties will depend upon the amount in possession, the intent (or absence of intent) to distribute, and whether not the possession or distribution occurs in a school zone or public park. The relevant part of the New Jersey statute for simple possession of marijuana is provided below for your convenience:

  • 2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition

(4) Possession of fifty (50) grams of less of marijuana, including any adulterants or dilutants, is a disorderly persons offense.

Simply put, a marijuana charge of less than 50 grams is a disorderly persons offense. As mentioned above, disorderly persons offenses carry up to 6 months in jail but additional penalties apply because it is a drug related offense. For example, if convicted, you would face a two year of loss of driver’s license and thousands in fines and mandatory assessments to the state. Visit our Marijuana Simple Possession Statute page to read NJ marijuana law in its entirety.

Seaside NJ Marijuana Defense Lawyer

While the lowest level marijuana statute is “less than 50 grams” New Jersey prosecutors typically treat all weight under 50 grams the same. This is unfortunate because the majority of people charged under this statute are in possession of 3 grams or less. McGuckin Law is exclusively devoted to criminal defense and serious traffic issues through Monmouth, Ocean and Middlesex counties, including Ship Bottom, East Brunswick, Plainsboro, Ocean Township, Point Pleasant, and Aberdeen. Call us anytime for a free consultation at 732.924.4200. Thank you for visiting McGuckin Law.