Toms River Marijuana Attorney

Charged with Possession of Marijuana Under 50 Grams in Toms River?

Typically, drug possession charges are, at a minimum, a third degree felony offense in New Jersey. However, marijuana possession under 50 grams is the one exception. If charged with less than 50 grams of marijuana, under NJSA 2C:35-10(a)(4), you will be facing a disorderly persons misdemeanor offense. Unless accompanied by other felony charges, your marijuana possession charges will be handled by the Toms River Municipal Court. Depending on your criminal record and the facts of your case, you may be eligible for a diversionary program and dismissal of your charges. Contact a Toms River attorney today and learn what options are available to you in your case. Our firm can be reached 24/7 at 848-238-2100.

What If I Wasn’t Holding the Marijuana?

A large amount of marijuana cases start from a motor vehicle violation. If the officer finds drugs and no one in the car takes ownership, then they may charge everyone involved. This is based on a legal concept called “constructive possession.” Clients who have been charged but claim that the marijuana did not belong to them, are dismayed when we explain the different types of possession that may be prosecuted by law enforcement. The three types of possession are as follows:

  • Actual Possession
  • This is the most commonly understood type of possession. It requires that the defendant (1) knows what it is they are possessing AND (2) knowingly has it on his/her person at a given time
  • Constructive Possession
  • Constructive possession occurs when the defendant lacks physical/actual possession but is instead aware that the item is present and is able to and has the intention to exercise control over it. This is typically the allegation made by the police in situations where the the marijuana is found in a motor vehicle with multiple occupants. However, the State may have difficulty proving these types of cases without admissions by the defendant.
  • Joint Possession
  • The third and final known form of possession is called joint possession. This exists where two or more persons share actual or constructive knowing possession of an item, possession is joint. This can means that more than one persons can possess the same marijuana at the same time


Possession of Less than 50 Grams of Marijuana Penalties

Pursuant to N.J.S.A. 2C:35-10(a)(4), marijuana possession of less than 50 grams of marijuana is a disorderly persons offense. If convicted, the municipal judge may sentence you to up to six (6) months in jail, up to $1,000 in fines, additional fee assessments, probation, and the creation of a criminal record.

Toms River Municipal Court

The Toms River Municipal Court is located at 255 Oak Avenue in Toms River, NJ 08753. The court staff can be reached by phone at (732) 797-3914 or by facsimile at (732) 341-3074. Currently, the Municipal Court Judge is the Honorable James A. Liguori. The Toms River Municipal Prosecutor is Steven Zabarsky. Our firm has handled countless cases at the Toms River Municipal Court and we have developed professional relationships with both the judge and the prosecutor based on our work.

Marijuana Possession Charge Lawyer in Toms River NJ

If you have been charged with drug possession and you are scheduled to appear before the Toms River Municipal Court, contact an attorney to discuss your case with you. Whether you decide to handle your matter with experienced defense counsel at your side or as a pro se litigant, it is imperative that you become aware of how the process will work. The attorneys at William Proetta Criminal Law are well-known and respected criminal defense attorneys with a reputation for zealous advocacy. If you or a loved one have been charged with a criminal offense in Toms River, our firm can help. Call 848-238-2100 and speak with firm partner and former New Jersey Deputy Attorney General, William. C. Fay, IV, today.