Although marijuana has been legalized in a several states and decriminalized in others, unfortunately New Jersey is not one of them. In fact, New Jersey takes marijuana possession cases very seriously, especially marijuana possession under 50 gram charges. Regardless of whether you were arrested in one of Ocean County’s popular vacation towns like Seaside Park, Point Pleasant, Lacey, Stafford, Beach Haven, Long Beach, Toms River or one of the more western towns like Jackson, Brick Township, Manchester, or Plumstead, the Law Offices of Proetta & Oliver can help. Our attorneys defend those accused of drug crimes like the possession of marijuana under 50 grams, possession of CDS in a motor vehicle, possession of heroin, the possession of drug paraphernalia, the failure to turn over CDS or the possession of cocaine in courts throughout Ocean County. If you have been charged with any of the aforementioned offenses or any other offense for that matter in Ocean County, and you would like to speak to one of our criminal defense attorneys about your options, then please contact us at 848-238-2100.
At Proetta & Oliver we take a tremendous amount of pride in being accessible to our clients throughout the entirety of their case. At our firm, your case will personally be handled by either Mr. Oliver or Mr. Proetta as we feel that having continuity with your attorney is necessary to obtaining a favorable outcome. Your case will not simply be assigned to an associate who is available to cover the case for that particular day. We serve all of Ocean County, including towns like Brick, Seaside Heights, Point Pleasant, Ocean Gate, Manahawkin, Little Egg Harbor, Lakehurst, Lakewood, Harvey Cedars or South Toms River. If you would like to set up a free initial consultation then please contact our Point Pleasant office at 848-238-2100. As always, our initial consultations are fee of costs. So if you have any questions whatsoever, please do not hesitate to contact us.
Toms River NJ Possession of Marijuana Under 50 Grams Attorney
Charged with a violation of NJSA 2C:35-10a(4)?
Anyone alleged to have possessed less than 50 grams of marijuana in New Jersey will be charged with violating NJSA 2C:35-10a(4). This is by far one of the most common criminal charges issued in all of New Jersey including Ocean County. Although this is a very common offense, there is a major misconception going on that this offense is not a “big deal”. Unlike most other states, marijuana charges, even a trace amount, will be considered a criminal offense. Provided the marijuana possessed was less than 50 grams, a Defendant will be facing what is know as a disorderly persons offense. A disorderly persons offense is New Jersey’s version of a misdemeanor. Therefore, if convicted, a Defendant not only faces a permanent criminal record but jail time to, even for a first time offender. As you can see, this is not a slap on the wrist type of offense. With that being said, there is a diversionary program that a Defendant may be able to take advantage of depending on their criminal history. That program is known as the conditional discharge, for more information on this program, please feel free to contact our office at 848-238-2100.
How to Defend a Marijuana Charge in New Jersey?
Marijuana possession cases, like most other drug possession cases tend to be heavily litigated. One of the main reasons behind that is because almost every drug case involves some form of a search and/or a seizure. This is where an experienced criminal defense attorney can make a significant difference. They can seek to attack the underlying search and seizure at what is known at a suppression hearing. During that hearing, if the defense attorney can prove that the search was in violation of the Defendant’s constitutional rights, the charges may be outright dismissed. Another key area to exploit is the “possession” theory. When it comes to most marijuana cases, they tend to involve a situation in which multiple Defendant’s are alleged to have possessed the marijuana in question. In order to prove that, the prosecution must seek to establish the “possession” based on a constructive possession theory. This can prove problematic for a variety of different reasons. If you would like to speak to one of our Ocean County criminal defense attorneys about your options, then please contact us at 848-238-2100.
Manchester NJ Marijuana Possession Lawyer
At Proetta & Oliver we fully understand the stress and anxiety that most feel when they are charged with a drug offense. With that being said, we feel that hiring the right attorney, someone who not only knows the law but someone who is familiar with the particular courts can go a long way to alleviating a lot of the stress. If you have been charged with the possession of marijuana, the distribution of marijuana, the possession of heroin with the intent to distribute, the possession of prescription legend drugs or any other drug offense for that matter in Ocean County, Proetta & Oliver can help. We serve all of Ocean County, including Lacey, Toms River, Lakehurst, Manchester, Point Pleasant, Seaside Heights and Jackson. If you would like to speak to one of our attorneys about your options, then please contact us at 848-238-2100.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.