Charged with possession of a controlled substance in Middlesex County, NJ?
Possession of drugs can be actual or constructive. Actual means the drugs were on your body or clothing when you were detained. Constructive means the drugs were found near you, and the circumstances strongly suggest they were in your possession at some time. Drug charges in New Jersey are classified according to the harm they can cause. Some drugs are prescriptions, which can be authorized. Other drugs are illegal in almost all cases.
Your Options if You are Accused of Drug Possession in Middlesex County
The Middlesex criminal defense lawyers at Aiello, Harris, Abate Law Group PC have been helping protect the accused for 60 years. We are experienced at trying cases in federal and state courts. We prepare each case for trial and only negotiate plea bargains that are in your best interest and have your approval. Many of our lawyers first served as prosecutors. Our attorneys have had many charges dismissed successfully.
Case Study
Drug Charges Dropped
The attorneys of Aiello, Harris, Abate Law Group PC appeared in Union Municipal Court, 981 Caldwell Ave, Union, NJ before the Honorable Kelly Waters, JMC. Municipal Prosecutor, Michael Wittenberg, Esq. The defendant was charged with drug possession and possession of drug paraphernalia in violation of N.J.S.A. 2C:35-10 and N.J.S.A.
Marijuana is a Schedule I drug in New Jersey. It is categorized as a third-degree indictable offense, which can carry a sentence of three to five years in jail and a fine of up to $15,000.
Small amounts of marijuana—less than 50 grams—are treated as disorderly offenses, or municipal offenses. While county jail time is possible, the penalties for convictions are significantly less severe than those for 3rd-degree offenses.
Possession of less than 50 grams is treated less severely because the amount indicates the person in possession probably intended to use the drug personally instead of selling it to others. 50 grams is about two ounces of marijuana and costs about $400 to $500
Often, our Middlesex drug lawyers can assert challenges to possession of less than 50 grams of marijuana. We may argue that someone else had the drug, and you just happened to be nearby. Our lawyers often challenge the grounds for the search, mainly if the marijuana was found in a home or apartment.
Penalties for possession of less than 50 grams of marijuana
The penalties for possession of less than 50 grams of marijuana are harsh:
Jail or imprisonment. The municipal court judge can impose a sentence of up to 6 months. The judge can also order probation. During the probationary period, the defendant will be required to undergo random drug testing. If the defendant is found guilty of violating probation, he/she will usually be sent to jail and will also have to respond to the probation violation.
Fines and penalties. The maximum fine is $1,000 plus additional assessment fees, such as $75 for safe neighborhoods. The defendant will also be required to pay court costs – the administrative expenses for handling the defendant’s case.
Suspension of the driver’s license. The defendant can also lose his/her driving privileges for up to six months, even if a car was not involved in the crime.
Community service. The defendant may be required to perform 100 hours of community service if the defendant possessed the marijuana within 1,000 feet of a school bus or school.
5 grams of hashish is treated similarly to less than 50 grams of marijuana.
Alternatives to pleas and sentences
New Jersey does have a beneficial alternative to a trial or a guilty plea. Defendants who don’t have a prior conviction and haven’t previously taken advantage of a diversion program may be eligible for a conditional discharge of their case. This means that the individual’s case is put on hold for a year. Generally, if an individual doesn’t get into trouble with the law and passes any random drug tests, the charges will be dismissed.
Our Middlesex drug possession lawyers assist in arranging conditional diversions. We may also argue that the defendant had a debilitating medical condition, such as cancer or glaucoma. This exception to drug possession charges requires that the individual have a doctor’s certificate authorizing the marijuana use and a valid registration from the New Jersey Department of Health and Senior Services.
Contact us today
There are defense strategies that can help you. Often, the prosecution’s case is not as strong as you think. We may be able to have evidence discarded because it was obtained illegally. To speak with a trusted Middlesex controlled substance lawyer at Aiello, Harris, Abate Law Group PC.
Call us today at (848) 346-2369 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at the Woodbridge, NJ, office or one of our other office locations across New Jersey.
Contact our Middlesex County Drug Possession Lawyers
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