Harrison Marijuana Attorney
Harrison Marijuana Possession Attorney
Basically, in Harrison and elsewhere in the state of New Jersey, if you do not have an authorized medical marijuana prescription, you may be arrested on charges for N.J.S.A. 2C:35-10 for possessing the substance. The police in the town have ample staff and units to see to it that you are apprehended and prosecuted. Despite the prevalence and access to marijuana these days, countless people find themselves facing serious punishment for marijuana disorderly persons offenses and indictable crimes. If this happened to you or a loved one, talk to a knowledgeable Harrison marijuana defense lawyer by contacting us online or calling (201)-793-8018 for a free consultation.
Facing Marijuana Possession Charges in Harrison, New Jersey
If you were caught with a joint, a packed bowl, or a left-over roach, chances are that you possessed less than 50 grams of marijuana. More often than not, defendants in marijuana cases are charged with disorderly persons offenses. As such, your court case will be heard in Harrison Municipal Court, located at 318 Harrison Ave, Harrison NJ, 07029. If convicted, a jail term of up to 6 months can be imposed, as well as $1,000 in fines and a mandatory drug enforcement fee of $500. To make matters worse, your right to drive in the state can be suspended for a period of 6 to 24 months.
In addition, if you were driving a car and believed to be operating the vehicle under the influence, you can face Harrison DUI charges, as well as charges for having the controlled dangerous (CDS) in the vehicle. Similarly, the police can charge you with a disorderly persons offense for being under the influence of drugs, failing to turnover the CDS to the police, or having drug paraphernalia in your possession. These charges add to the penal and financial burden of facing a marijuana possession charge and can make the situation feel insurmountable.
Nevertheless, you can take solace in the fact that our lawyers are highly familiar with defending marijuana charges and Harrison Municipal Court. We have had many successes avoiding the consequences for our clients, whether by beating the charges and obtaining dismissals through motions or diversionary programs such as a conditional discharge.
In other cases, we have attended Hudson County Superior Court when the amount of marijuana possessed exceeded 50 grams, resulting in a more serious felony charge against our clients.
Charged With a Fourth Degree Crime for Possession of Marijuana in Harrison NJ
In the town of Harrison and the greater Hudson County area, possessing over 50 grams of marijuana is an indictable crime. In particular, the police are authorized to place you under arrest and charge you with a fourth degree crime for possessing such an amount. You can be charged with the offense if it is alleged that you possessed more than 50 grams of suspected marijuana, but not everyone will be found guilty. To be convicted of this offense, it must be shown beyond a reasonable doubt that you knew the substance was marijuana, that the substance was in fact marijuana, and that you actually possessed the substance or had the ability to control same (constructive possession). The state will attempt to approve this through various means, such as police reports, videos, witness testimony, incriminating statements, and lab reports scientifically proving that the substance is, in fact, marijuana.
If proven, and if you have a prior record, you can be sent to New Jersey State Prison for a total of 18 months. If you have no prior record, you are not required to be sentenced to prison, as there is a presumption against incarceration for first offenses involving third and fourth degree crimes. You can also be ordered to participate in substance abuse treatment, to pay $25,000 in fines, and be subject to a mandatory $750 fee, plus a lab fee of $50 (among other penalties). For this reason, it is important to explore all of your options before determining the best course of action.
Possessing Marijuana With Intent to Distribute in Harrison
Possession of greater quantities of marijuana can bump up your charges to Manufacturing, Distributing, or Dispensing, which violates N.J.S.A. 2C:35-5. In essence, the degree of the crime is elevated with the more marijuana that you allegedly have. If the facts and the weight of the marijuana suggest that you are not just a user but are instead a distributor, you may be charged with more serious crimes of the first, second, third, or fourth degree.
For a first degree marijuana offense, it must be alleged that you possessed 25 pounds or more, or 50 or more plants. The prison range on these charges is a minimum of 10 years and as much as 20 years. Beyond that, the fine imposed can be as much as $300,000 and the mandatory drug penalty for a first degree crime is $3,000. However, if you possess less than 25 pounds but more than 5 pounds, or between 10 and 49 plants, you will be in a slightly better position. For this second degree crime, the maximum term of imprisonment is 10 years and the least amount of time is 5 years.
For a third degree crime, you will face less punishment, but 3 to 5 years of being incarcerated is certainly serious when you are the one facing these consequences. A third degree complaint is authorized if you had at least 1 ounce of marijuana with intent to distribute but no more than 4.99 pounds. Lastly, the lowest degree of distribution offense that you can face is a fourth degree, when you have less than 1 ounce of marijuana, which you distribute or possess with the intent to distribute.
If you have been charged with an indictable crime for marijuana, it is advisable that you speak with one of our attorneys, who can further explain the full consequences and your particular options for avoiding them.
Can a Marijuana Defense Lawyer in Harrison NJ Win My Case?
If you have been arrested and charged with a marijuana offense in Harrison, New Jersey seek sound legal counsel from our team today. We can assist you by reviewing the evidence, diligently arguing on your behalf, and deftly negotiating with the prosecutor to reach the top available outcome. For some, this may mean avoiding the mandatory jail in a case of second degree marijuana charges, by being accepted into Drug Court or pleading to crime one or two degrees lower. For others, it may mean that your charges will be dismissed through a diversionary program such as Pretrial Intervention (Superior Court) or a conditional discharge (Municipal Court), or via a motion to suppress the evidence. Some cases can be resolved with alternative charges like failure to turnover CDS or possessing drug paraphernalia. Our attorneys are also prepared to go the long haul and try the case, chipping away at the state’s evidence every step of the way.
No matter what your situation, you can trust our seasoned marijuana attorneys to tirelessly defend you against these allegations. Call us at (201)-793-8018 now to discuss your case in a free consultation.