Simple Possession of Marijuana Lawyer Hackensack, NJ
Experienced Hackensack Marijuana Possession Attorney in Essex County, Passaic County, Hudson County & Bergen County, New Jersey
Simple Possession of Marijuana is a disorderly persons offense in New Jersey. A skilled criminal defense attorney knows the common strategies for fighting simple marijuana possession charges. If you’ve been charged with simple possession of less than 50 grams of pot, an experienced New Jersey marijuana attorney may be able to negotiate with the prosecutor’s office to dismiss your drug crime charges or reduce penalties if convicted.
With over a decade of experience representing hundreds of individuals accused of drug crimes, attorney Adam Lustberg skillfully works within the justice system to challenge his clients’ charges. In many cases, he has effectively persuaded prosecutors and judges to either withdraw charges or agree to a plea with minimal penalties.
Diversionary Programs and Drug Court for Irvington Marijuana Charges
When your marijuana possession charges can’t be completely dismissed, other options may exist. If you’re a first-time offender, you may qualify to participate in a diversionary program or Drug Court. This can help you avoid incarceration and allow your record to be expunged after completion of drug treatment, a probation period, and community service performance.
If your simple possession of marijuana charge is for a second or subsequent offense, penalties may be more severe. The good news is that attorney Adam M. Lustberg knows how to prepare an aggressive defense against additional drug convictions. Whether you’ve been charged with possession of marijuana, cocaine, heroin, or prescription drugs, experienced NJ criminal defense lawyer Adam Lustberg can help you fight the charges and avoid the most severe penalties.
New Jersey’s Possession of Less Than 50 Grams of Marijuana Statute – N.J.S.A. 2C:35-10(a)(4)
If you are charged with possession of less than 50 grams of marijuana, the charge is classified as a disorderly person offense under N.J.S.A. 2C:35-10(a)(4):
- NJSA 2C:5-10(a)(4) – possession of 50g or less of marijuana or 5g or less of hashish
- NJSA 2C:35-10(b) – using or being under the influence of CDS
- NJSA 2C:35-10(c) – failure to deliver CDS to police
- NJSA 2C:36-2 – possession of drug paraphernalia
If convicted, you may be required to pay a $500 “Drug Enforcement Reduction” penalty and other fees, and up to a $1,000 fine. A mandatory suspension of the defendant’s driver’s license is required, with the penalty ranging from six months to two years. Also, at the discretion of the court, a two-year probation period may be imposed, along with drug counseling, periodic urine testing, alcohol and/or psychiatric counseling, and community service.
Simple Possession of Marijuana in a Drug-Free Zone Carries More Serious Penalties in Fair Lawn and Throughout New Jersey
A person who is convicted of possessing pot in a school zone, on any property used for school purposes, or within 1,000 feet of a school property, including a school bus, is subject to additional penalties that include more jail time and heavier fines.
An Aggressive Defense Against Your Paramus Simple Possession of Marijuana Charges Can Protect Your Record
Given the serious consequences of a simple possession of marijuana conviction, you want an experienced criminal defense attorney who will vigorously fight your charges. There are defense strategies that may prevent conviction.
For instance, you have constitutional rights against unlawful search and seizure. If an illegal search of your property is conducted by law enforcement, the charges can potentially be challenged with the goal of getting them dismissed. And if it can be proven that the reason you were stopped and detained in the first place was illegal, your simple possession of marijuana charges can potentially be thrown out.
A Fort Lee Marijuana Possession Attorney Must Be Knowledgeable About the Charges You Face and Skilled in Defending Against Them
Because the district attorney must prove beyond a reasonable doubt that you were illegally in possession of marijuana, the following elements must be proven for the charges to stick:
- The substance was marijuana.
- You knew the drug was marijuana.
- You were aware that marijuana was in your possession.
- The marijuana was in your control.
If the prosecutor can’t prove these elements, it may be possible to get your charges dismissed. Even if these elements can be proven, however, it may be possible for a skilled criminal defense attorney to get your charges reduced or to get you admitted into a diversionary program such as Drug Court so that the charges are eventually dismissed.
Possession of More Than 50 Grams of Marijuana – N.J.S.A. 2C:35-10(3)
When a person is found to possess more than 50 grams of marijuana, this typically constitutes the crime of possession of marijuana with the intent to distribute. N.J.S.A. 2C:35-10(3) makes it unlawful for any person to possess more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish.
Violation of this statute is covered more thoroughly on the Distribution of Marijuana page.
Protect Your Rights by Contacting Adam Lustberg for a Free Case Evaluation with an Experienced Newark Marijuana Possession Attorney
Although you may consider possession of a small amount of marijuana to be a minor offense, it is still considered a crime in New Jersey and carries severe penalties. Fair or not, you will have to face the charges. With the assistance of Hackensack criminal defense attorney Adam M. Lustberg, you have a fighting chance to dispute those charges and come away with a clean record and minimal consequences.
Call today to begin the fight and schedule a free confidential case evaluation with attorney Adam M. Lustberg at his Hackensack office. Or if you are currently incarcerated, he will meet with you in jail. If you have been charged with simple possession of marijuana in New Jersey, do not hesitate to contact Adam Lustberg and start your defense.