New Jersey Possession of Less than 50 Grams of Marijuana : NJSA 2C:35-10(a)(4)

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(Free-Press-Release.com) November 11, 2009 --

In New Jersey, Possession of less than 50 grams of marijuana is punishable under the authority of NJSA 2C:35-10(a)(4). The offense is sometimes referred to as simple possession. A conviction for possession of less than 50 grams of pot is a disorderly persons offense. Disorderly persons offenses are punishable by up to 6 months in jail. In addition, if convicted of a NJ drug offense, the court may suspend your license for 6 months. The fine assessed can total approximately $1000. If convicted of possession of less than 50 grams, the conviction will appear on your criminal record. A conviction for a disorderly persons offense is not eligible for expungement for 5 yrs. In addition, the court will impose a mandatory period of 100 days of community service if your are charged with possession in a school zone. Drug testing and probation are also commonly imposed upon conviction.

As you can see, the possible consequences are very serious. That is why it is essential that you contact a NJ marijuana possession defense attorney immediately if you have been arrested and charged with this offense. You should take all necessary steps to avoid conviction. If you or a loved one has been arrested for drug possession, I would urge you to speak to a lawyer prior to speaking with police and prior to your first court date. Todd Palumbo, Esq., can be reached 24 hr for a free consultation at 908-451-2667.

There are several common defense strategies employed in possession of narcotics offenses. In most cases, search and seizure issues will be present. The Constitution of the United States, and the New Jersey Constitution protect people from illegal searches and seizures. After identifying the issue, experienced lawyers will file a motion to suppress the evidence. If the motion is granted, your case may be dismissed. This issue arises frequently in the automobile search scenario, when a car is searched during the course of a roadside investigation.

It is common in possession of less than 50 grams cases to have a defendant charged under the theory of constructive possession. Constructive possession is defined as knowledge of an object plus the ability to control the object, even if the person has no physical contact with it; for example, three juveniles in a car and one juvenile has the weed on him, but all three get charged. The state must prove that the other two defendants who were not in possession had constructive possession of the pot.This provides good criminal defense lawyers an opportunity to develop great defenses.

On other occasions, I have been able to achieve dismissals where it has been shown that the chain of custody was broken. This means that the marijuana seized was submitted to the lab for testing, but the state can't show with certainty how it got from point a to point b.This brings into question the legitimacy of the lab results.

Even in situation where the police have conducted a thorough and complete investigation, I am frequently able to obtain a dismissal through a diversionary program called Conditional Discharge. A Conditional Discharge is typically reserved for fist time drug offenders. The program entails a one year period of probation, during which time the defendant must comply with all conditions imposed. If the defendant completes the one year period with no problems, the charges will be dismissed. You should contact an attorney to see if it is likely you will qualify.

This article only addresses some of the common issues present in possession of less than 50 grams of marijuana offenses. Every drug offense is fact specific. For a more thorough understanding of your particular situation, you should speak with legal counsel, and seek qualified representation.

More information can be found online at http://essexcountynjcriminalattorneys.wordpress.com/2009/08/31/marijuana-possession-and-distribution-new-jersey/

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