Possession of Marijuana
Whether you have been charged with Possession of Marijuana or Possession of Drug Paraphernalia in Wall, Belmar, Asbury Park, Manasquan, Bradley Beach, Spring Lake Heights or any other New Jersey shore town, you are facing significant criminal, educational and employment consequences. If convicted of these disorderly persons offenses, the Court could sentence you up to 6 months in jail and fine you up to 1500 dollars. Additionally, a conviction for Possession of Marijuana or Possession of Drug Paraphernalia can lead to a Driver’s License suspension of 6 months to 2 years. Perhaps the worst consequence of all is the effect a drug conviction can have on your criminal record, your current employment, your employment opportunities, and your educational opportunities. You have a lot to lose for possession of a substance, Marijuana, that many people in the State of New Jersey believes should be legal.Let Us Solve Your Problem - Call Clark, Clark & Noonan Today at (732) 303-7857
At Clark, Clark & Noonan we specialize in Possession of Marijuana and Possession of Drug Paraphernalia cases on the New Jersey Shore. Often times these cases arise after an overly aggressive police department stops you or a friend’s motor vehicle for an “alleged” traffic offense. Whether you have been charged by the police in Wall, Belmar, Asbury Park, Manasquan, Bradley Beach, Spring Lake Heights or any other New Jersey shore town in Monmouth or Ocean County, you need the legal team at Clark, Clark & Noonan located in Wall, NJ. Our certified criminal trial attorney and former prosecutors have handled thousands of Marijuana cases in and around the New Jersey Shore for well over 30 years. We regularly have New Jersey Shore Marijuana cases dismissed before trial, dismissed after a trial, amended to lesser non-criminal offenses or dismissed after a one year diversionary program. Our criminal firm is unique in that we have a New Jersey Supreme Court Certified Criminal Trial Attorney and former prosecutors exclusively handling criminal cases. Unlike many other general practice firms, our experience includes going to trial on hundreds of felony and misdemeanor (disorderly persons offenses) cases involving charges of Marijuana possession and similar offenses. The prosecutor cannot take advantage of us in plea negotiations because he or she knows we have the experience, skill and expertise to be successful at trial.
Every firm claims they have experience. But what is the point of experience if it was spent at a desk reviewing real estate transactions with an occasional trip to the municipal court for a criminal case? Our firm has the criminal trial experience that matters. At Clark, Clark & Noonan we are uniquely qualified to handle Possession of Marijuana charges and Drug Paraphernalia charges because we have a team exclusively assigned to just criminal cases and they have spent decades handling those cases. We don’t assume your guilty or look at a case thinking about a plea bargain. Our first thought is always “can we get this case dismissed?”
We always start with a thorough review of the police reports, statements and evidence to make sure the police conducted a legal motor vehicle stop and a legal search of your car and person. If your Constitutional right to be free from unreasonable searches and seizures was violated, we will move to suppress the evidence. We have the experience and legal skills to recognize and exploit factual mistakes in the police report, identify defenses that can directly lead to a dismissal of your Possession of Marijuana Charge. At the end of the day, Clark, Clark & Noonan will give you the best chance of winning your case or obtaining a result that will leave your future educational opportunities and employment intact. The consequences for your future are too great to do this alone. Whether you are charged with Possession of Marijuana or Possession of Drug Paraphernalia in Wall, Belmar, Lake Como, Bradley Beach, Manasquan, Spring Lake heights or any other New Jersey Shore town in Monmouth or Ocean Counties you need the firm that will give you the best chance for victory. At Clark, Clark & Noonan, we will protect your rights and your record. Call for a free consultation and case assessment today at (732) 303-7857.Posession of Marijuana in New Jersey: NJSA 2C: 35-10a(4)
Possession of Marijuana in New Jersey is a Disorderly Persons offense (other State’s refer to it as a misdemeanor offense) and includes both actual possession of marijuana (i.e. in your pants pocket or on your lap) and constructive possession of marijuana. Constructive possession means possession in which the possessor does not physically have the item on his or her person but is aware that the item is present and is able to and has the intention to exercise control over it. Constructive possession of marijuana in New Jersey is a legal term which allows the police to charge you with Possession of Marijuana even though the marijuana was not found on your person. If a Court determines, for example, that marijuana found on the floor of a car was in your constructive possession, you may be charged. Regardless of how you or most people in New Jersey feel about the legalization of marijuana, it is currently a criminal offense (Disorderly Persons Offense) and could have a profound effect on your criminal record. As stated above, the attorneys at Clark, Clark and Noonan have over 30 years of experience handling Possession of Marijuana and Possession of Drug paraphernalia cases both as prosecutors and defense attorneys and we will help safeguard your rights as well as protect your record. Whether you or your friends are charged with Possession of Marijuana, Possession of Drug Paraphernalia or both in Wall, Belmar, Lake Como, Bradley Beach, Manasquan, Spring Lake heights or any other New Jersey Shore town in Monmouth or Ocean Counties you need the firm that knows how to win your case. At Clark, Clark & Noonan, we will protect your rights and your record. Call for a free consultation and case assessment today at (732) 303-7857.Possession of Marijuana and Paraphernalia in New Jersey – Legal Definitions
The law in New Jersey for Possession of Marijuana is located at NJSA 2C:35-10a(4) and states as follows:
Possession of 50 grams or less of marijuana, including any adulterants or dilutants . . . is a disorderly person
The New Jersey law or statute for Possession of Drug Paraphernalia is NJSA 2C: 36-2. The Statute reads:
Charged with Possession of Marijuana or Paraphernalia on the Jersey Shore – You may Have a Defense
2C: 36-2. Use or Possession with Intent to Use, Disorderly Persons offense. Use or Possession with intent to use, disorderly persons offense.
It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog, or toxic chemical in violation of the provisions of chapter 35 of this title. A person who violates this section is guilty of a disorderly persons offense.
The Warrant or Summons the police have signed against you for Possession of Marijuana or Possession of Drug Paraphernalia is nothing more than a charging document that requires you to go to court. It is not evidence of a criminal offense or crime. Whether you have been charged in Wall, Belmar, Lake Como, Manasquan, Bradley Beach, Spring Lake Heights or Asbury Park, you may have a number of valid defenses in this case which could lead to your charges being dismissed or downgraded to a non-criminal offense. Our uniquely qualified Jersey Shore criminal defense team explores all of your potential defenses and puts you in the best position possible for a favorable outcome. Contact our experienced attorneys and former prosecutors to discuss your case at (732) 303-7857 for a free consultation with an attorney at Clark, Clark & Noonan.Can the Police Stop My Car for No Reason? The Answer is No
In New Jersey, the typical Possession of Marijuana case and Possession of Paraphernalia case arises from a police officer initiated motor vehicle stop. The police will claim that you are being stopped because your license plate is obstructed, your headlight is out, you failed to maintain your lane, or one of the other countless motor vehicle infractions they use to justify stopping your vehicle. At Clark, Clark & Noonan we pay close attention to the details of this motor vehicle stop because you have an absolute right to be free from unreasonable searches and seizures. The police are not permitted to seize your vehicle for any longer than is necessary to issue you a motor vehicle summons. If they extend the stop too long, badger you with questions unrelated to your stop or simply decide, without any legitimate reason, to search your car then you may have constitutional grounds to suppress any evidence seized in your vehicle. At Clark, Clark & Noonan, we have become experts in search and seizure law. We scrutinize the police report, research case law in support of your position and file motions to suppress the evidence in cases where we believe your rights were violated. We have been successful in suppressing the marijuana evidence and drug evidence in many of our cases ultimately resulting in the dismissal of the criminal charges. Our filing of a motion to suppress evidence alone, at times, has resulted in the prosecutor downgrading a charge to a non-criminal offense or allowing you to enter a diversionary program on a lesser charge which ultimately will lead to a dismissal of your New Jersey Possession of Marijuana or Possession of Drug Paraphernalia charge. Call Clark, Clark & Noonan today to discuss all your potential defenses in our free consultation and case assessment at (732) 303-7857.What if I Don’t Have a Defense? – Do not Worry the State Still has the Burden of Proof
You may have been charged with in Wall, Belmar, Lake Como, Manasquan, Bradley Beach, Spring Lake Heights, Asbury Park or some other New Jersey Shore town and are now extremely worried because you the marijuana seized was actually yours. You may ask “does that mean I have to just plead guilty?” The short answer is “no”. As a defendant in a criminal case, you do not in any way have the burden to prove the case. In other words, you are presumed innocent and it is the State – the prosecutor - who has to prove your guilt beyond a reasonable doubt. The prosecutor has to subpoena witnesses for testimony and present evidence before the judge to prove each and every element of the offense against you beyond a reasonable doubt. If he presents insufficient evidence or if the Judge has a “reasonable doubt” as to your guilt then he must find you “not guilty.” Also, the State has to send the alleged drugged evidence to the State police Laboratory to confirm whether or not it is in fact marijuana. The Court usually gives the prosecutor a specifically set amount of time to get a laboratory report from the State police. If the State police fails to comply in a timely manner, we have been successful in arguing the case should be dismissed.
At Clark, Clark & Noonan, we know when the State’s case is weak and we know when the State will have difficulty proving its case. We also know when the State’s witnesses may lack credibility and we are able to exploit the witnesses’ credibility issues at trial. Sometimes, it is simply enough to argue that the State has not met its burden of proof even if you, possibly, committed the criminal offense of Possession of Marijuana or Possession of Drug Paraphernalia. In any event, we have been extremely successful in getting our clients cases dismissed or amended to a non-criminal offense just by arguing to the prosecutor and the Court that the evidence against you is weak, that the evidence was illegally seized or that there is insufficient evidence to prove the item seized was in fact marijuana or paraphernalia. At Clark, Clark, and Noonan, we have the meaningful experience and defense strategies that will put you in the best position to safeguard your rights and protect your future from a criminal record. Call us today for a free consultation and case assessment at (732) 303-7857.