If you have been charged with possession of drug possession in New Brunswick, you should strongly consider contacting a defense lawyer at our firm. The penalties you face are significant and it is highly likely that they are the tip of the iceberg given the probability that you have also been charged with possession of drugs in New Brunswick. The attorneys at our firm, the Law Offices of Jonathan F. Marshall, can help you escape a guilty finding to these charges utilizing over a century of experience representing individuals arrested for cds related charges in New Brunswick. The members of our team even include several lawyers who are ex-prosecutors, including Jason Seidman, a former director in the Middlesex County Prosecutor’s Office located in New Brunswick. We definitely have the tools to successfully defend you in New Brunswick Municipal Court. An attorney on our staff is ready to review your case in a free consultation anytime 24/7 by calling 732-210-6241.
Possession of Drug Paraphernalia Offense in New Brunswick New Jersey
The New Jersey Criminal Code sets forth the offense of possession of drug paraphernalia at N.J.S.A. 2C:36-2. This law makes it a disorderly persons offense to knowingly possess:
all equipment, products, and materials of any kind that are used, or intended for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance or its analog.” Simply put, drug paraphernalia is any item that can be used in conjunction with illegal drugs.
Definition of Drug Paraphernalia. The term “drug paraphernalia” is defined under N.J.S.A. 2C:36-1. Basically, anything that is capable of being used with drugs constitutes drug paraphernalia. Common examples of drug paraphernalia are pipes, bongs, baggies, scales, vaporizers, vape pens, syringes, rolling papers, capsules, grinders, etc.
Elements of Proof. For the court to convict you of possession of drug paraphernalia, the prosecutor must prove three elements. First, state must prove that the item in question is in fact, drug paraphernalia. Second, the state must prove that the defendant intended to use the item in conjunction with controlled dangerous substances. Third, it must be proved that the defendant intended to use the item in violation of the controlled dangerous substance laws.
Penalties for Possession of Drug Paraphernalia. Possession of drug paraphernalia is classified as a disorderly persons offense which carries penalties that include a fine of up to $1,000 and up to 6 months in jail. In addition, a drug paraphernalia conviction comes with a mandatory loss of your driver’s license for 6 months to 2 years.
Diversion of a New Brunswick Drug Paraphernalia Charge. A first time offender may have his/her New Brunswick drug paraphernalia charge diverted through conditional discharge. This program allows an individual to avoid prosecution and penalties for possession of drug paraphernalia by successfully completing a period of supervision.
New Brunswick NJ Drug Paraphernalia Attorney
Do not make the mistake of thinking that every New Brunswick drug paraphernalia charge results in a conviction. The lawyers at the Marshall Law Firm are, in fact, able to avoid a 2C:36-2 conviction in the majority of cases. It is therefore in your best interests to take advantage of a free consultation with one of our attorneys. To speak to an attorney on our defense team immediately, contact our New Brunswick Office. A lawyer is available 24/7 by calling 732-210-6241.
