Marijuana Charges Lawyer in Edison Township
Although the stigma attached to marijuana has diminished with states loosening decriminalizing possession of the drug, the penalties you will face in Edison have not changed for this violation. Marijuana possession remains to be a crime under N.J.S.A. 2C:35-10. And when the offense involves distribution of marijuana in accordance with N.J.S.A. 2C:35-5, the violation is a felony.
At the Law Offices of Jonathan F. Marshall, we have dedicated the better part of a century to preserving our clients’ rights in the face of criminal arrests like yours. Our team of numerous former prosecutors and experienced criminal defense attorneys has for decades appeared in both Edison Township Municipal Court on 50 grams or less cases and at the Middlesex County Superior Court on fourth degree marijuana possession charges. We know how best to approach these cases and are confident in our abilities to obtain the best results possible for our clients. To learn how we can help you, call our office at 732-248-7675 for a free consultation.
Edison NJ Marijuana Possession Lawyer
The law that specifically governs possession of marijuana charges in Edison is N.J.S.A. 2C:35-10. This law makes it illegal for a person to knowingly or purposely obtain or possess, actually or constructively, a controlled dangerous substance or controlled substance analog. Marijuana is for the purposes of this statute a controlled dangerous substance, although, for sentencing purposes, as detailed below, it is treated somewhat differently than other drugs. In order to obtain a conviction, though, like with all other drug possession charges, the prosecution must establish two things, the required state of mind and possession. The required state of mind is that of knowledge or purpose, it is not enough for a conviction that a person recklessly or negligently came to be in possession of marijuana. Therefore, the first element of any case for the prosecution is being able to show that the accused had knowledge that they possessed or obtained marijuana or that they had the intent (purpose) to obtain or possess marijuana. After this, the prosecution must then establish either actual or constructive possession. Actual possession is easily explained as an offense where the arresting officer actually finds marijuana on the person of the accused. Constructive possession, on the other hand, is essentially a legal term of art for those situations where, though not in actual possession, the defendant knows of the presence of the drugs and has both the ability and the intent to exercise control over them. This most commonly arises where an officer discovers marijuana in a person’s car during a traffic stop.
Experienced Defense Attorneys For Your Edison Marijuana Offense
The gradation of a marijuana possession offense and the related penalties is directly tied to the quantity of the drug that is found on your person at the time of the arrest. It is a fourth degree crime where the quantity of the marijuana found to be in your possession is more than 50 grams. A fourth degree crime can lead to imprisonment for up to 18 months, as well as fines of up to $10,000. As this is a felony offense, cases falling within this category can only be heard at Middlesex County Superior Court and not in Edison Township Municipal Court. If, on the other hand, the quantity of marijuana is 50 grams or less, the violation is considered a disorderly persons offense. A disorderly persons offense can lead to a fine of up to $1,000 and in some cases imprisonment for up to 6 months. Though certainly not as severe as the fourth degree offense, it is important to keep in mind several things. First, regardless of the degree of the offense, both will go on your record and look bad to future employers or institutes of higher learning. Second, both also will result in a mandatory suspension of your driver’s license for 6 months, possibly more if the offense occurred in a motor vehicle. So while disorderly persons offenses may seem to be not as serious, they still carry with them some serious consequences that can affect your life.
Edison NJ Possession of 50 Grams or Less of Marijuana Attorney
Experienced representation is your best hope at avoiding all of these consequences and obtaining the best result in your Edison Township marijuana case. Please do not hesitate to contact us today for a free consultation about what we can do to help you in your time of need.