Morris County Drug Possession Lawyer Defending Residents of Drug Possession Crimes, Including Drug Paraphernalia

Drug possession is a serious drug crime. Drug possession charges include possession of narcotics, hallucinogens, unauthorized possession of prescription drugs, and possession of other controlled substances. You can be charged with possession anywhere—in your home, apartment, a car, a walkway, at a business or other public place. There are added penalties if the possession occurred on or near a school or school bus. The police don’t have to find the drugs on you. If they can prove constructive possession, that is enough to convict someone.

Experienced lawyers for all kinds of New Jersey drug possession charges

Aiello, Harris, Marth, Tunnero & Schiffman, P.C., is respected across New Jersey for our aggressive representation of criminal defendants. Many of our lawyers are former prosecutors. For six decades, our Morris County criminal attorneys have helped the accused assert their rights. In many cases, our trial lawyers have obtained not-guilty verdicts or outright dismissal of the charges. We negotiate acceptable plea bargain agreements. When possible and wise, we steer defendants to alternative sentencing forums, such as New Jersey drug courts.

Is possession of drug paraphernalia a felony?

Most drug possession crimes are 3rd or 4th degree indictable offenses (felonies). Possession of a small amount of marijuana or hashish may qualify as a disorderly persons offense (misdemeanor). Misdemeanors are heard in municipal court instead of the New Jersey Superior Court.

Possession of drug paraphernalia is a disorderly persons offense and not an indictable offense.

The possible penalties for a disorderly offense include:

  • Jail sentences of up to six months.
  • Fines up to $1,000 plus additional fines for the Safe Neighborhood Services Fund, the Victims of Crime Compensation Board, lab analysis, and Drug Enforcement.
  • Suspension of the person’s license for at least six months and possibly up to two years.

Defendants who hold a public office may forfeit their right to hold that office – if convicted of drug paraphernalia possession.

Drug paraphernalia defendants may be eligible for a conditional discharge, which means the charges are put on hold for at least a year. If the defendant doesn’t get into further trouble, is a first-time offender, and passes all random drug tests, the charges are dismissed.

Anyone convicted of drug paraphernalia possession who stays out of trouble for five years is eligible to have their record expunged. Expungement is not automatic. Our Morris County drug possession attorneys help process the expungement for you.

What is drug paraphernalia?

New Jersey prohibits anything that helps make it easier to manufacture, posses, use, or consume illegal drugs. Examples include bongs, roach clips, different types of pipes, miniature spoons, rolling papers, and small bags.

Drug paraphernalia law includes doing any of the following actions with respect to a controlled substance:

  • Analyze
  • Compound
  • Contain
  • Conceal
  • Convert
  • Cultivate
  • Grow
  • Harvest
  • Ingest
  • Inhale
  • Manufacture
  • Pack
  • Plant
  • Process
  • Produce
  • Propagate
  • Repack
  • Store
  • Test

The time limit to bring a drug paraphernalia possession charge is one year. The prosecution must prove intent to possess and intent to use the drug paraphernalia for a prohibited purpose. Our Morris County drug paraphernalia lawyers assert many of the same defenses we do in drug possession cases, such as that the police did not have probable cause or a reasonable suspicion to conduct a search.

Get guidance from a skilled Morris County trial attorney today

Drug possession convictions can change your life. You will likely lose your freedom, have to pay substantial fines, may lose your driver’s license, and your reputation will suffer. At Aiello, Harris, Marth, Tunnero & Schiffman, P.C., our Morris County drug possession lawyers are experienced trial lawyers. We challenge the prosecution and the police every step of the way, from the initial hearings and motions to the jury trial. To talk to a caring lawyer, please phone (908) 561-5577 or fill out our easy contact form to make an appointment.

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