The City of New Brunswick is filled with hustle and bustle as the business center of Middlesex County and home of Rutgers University and Robert Wood Johnson Medical Center. With so much activity in New Brunswick, especially that involving young adults and the juvenile population, marijuana possession charges are common. In fact, the New Brunswick Municipal Court meets almost every day of the week and the offense of possession of less than 50 grams of marijuana is a frequent one on the docket. While individuals have a tendency to take marijuana possession lightly, the truth is that a conviction under N.J.S.A. 2C:35-10 for possessing marijuana carries not only a criminal record but a mandatory drivers license suspension of at least six (6) months. There are also significant fines and other penalties that an individual may be subjected to if they are convicted of possession of marijuana. The attorneys in the New Brunswick Office of The Law Offices of Jonathan F. Marshall are former prosecutors and skilled counsel in avoiding marijuana convictions. A New Brunswick Marijuana Possession Lawyer on our staff is available for immediate to assist you at 732-246-7126.
New Brunswick Marijuana Possession Offense
If you have been charged with simple possession of marijuana in the city, your criminal complaint will most like he heard in the New Brunswick Municipal Court. The only time this is not the case is where the quantity possessed exceeds 50 grams and then the violation is a fourth degree crime. Irrespective, the law that applies to the case is N.J.S.A. 2C:35-10(a)(4). This statute makes it a disorderly persons offense for anyone to possess 50 grams or less of marijuana, or 5 grams or less of hashish. An individual may be found guilty for actual or “constructive” possession of these drugs under 2C:35-10(a)(4). Actual possession is relatively self-explanatory — meaning a person is found with the marijuana on his person. Constructive possession is different and is triggered where an individual has the intention and ability to possess marijuana although it is not actually on them. The most common scenario where this crops up is where several individuals occupy a car and only one has the marijuana in their possession yet all intend to smoke the drug. Under this circumstance, the New Brunswick Police or Rutgers University Police can charge all of the occupants with possession provided they can prove that all of of them had the intention of smoking the marijuana.
Penalties for Possession of Marijuana
As stated previously, a disorderly persons offense for possessing marijuana carries surprisingly stiff consequences if you lawyer cannot avoid a conviction. First and foremost, you will have a criminal record that will show up on background checks. Second, an individual may be placed on probation or even put in jail for six (6) months. The fine can reach $1,000 and there is also a mandatory license revocation of six (6) months. The license suspension is worse if the charge involves possession of CDS in a motor vehicle. This offense carries a two (2) year suspension. While these ramifications are significant by themselves, the situation is even more complicated if the accused is not a United States citizen, for example, a green card holder (i.e. permanent resident), here on a visa, or undocumented. A conviction can result in immigration consequences that include immediate deportation or institution of removal proceedings. It is crucial that anyone, and especially someone exposed to immigration consequences, do everything to avoid conviction including consideration of conditional discharge.
Possession of more than 50 grams of marijuana is, as previously stated, a fourth degree crime. Fourth degree marijuana possession carries up to 18 months in prison and a maximum fine of $10,000. The same collateral consequences as those that apply to a disorderly persons offense for marijuana possession apply here (e.g. license suspension, immigration, etc.).
New Brunswick NJ Marijuana Possession Defense Attorney
The lawyers at our firm have defended too many marijuana possession cases to even quantify over the last twenty plus years. As you might expect, a fair amount of the charges concerned those charged in New Brunswick under 2C:35-10. We even have an attorney, Jason Seidman, who was the supervisor of the gangs, guns and drugs task force of the Middlesex County Prosecutors Office. A lawyer on our staff is available immediately at 732-246-7126 to assist you.
Other Helpful Marijuana Resources
