POSSESSION, UNDER 50 GRAMS | DRUG PARAPHERNALIA
If you qualify, you may be eligible for a pre-trial intervention program that includes treatment and monitoring, resulting in dismissal of the charges if the program is completed successfully. You might also be entitled to having the arrest record expunged after completing the program. If you qualify for an intervention program, these charges can be avoided with any one of our criminal defense lawyers.
Under New Jersey law, this simple possession law is considered a “2C” offense and it will result in a permanent criminal record if you are convicted. This can result in job loss, limit your future prospects for a career, and lead to suspension of your driver’s license. These kinds of charges are governed under New Jersey laws N.J.S.A. 2C: 35-10(3) and N.J.S.A. 2C:35-10(4).
You may be charged if drug paraphernalia is found in your home or on your person, even if no drugs or traces of drugs are present on that paraphernalia. While the law states that residue must be found, often the police will simply seize the paraphernalia and lay the charges, as the drug paraphernalia will be examined in a police laboratory.
While we cannot guarantee any results, you are more likely to achieve a better outcome with a criminal defense attorney than a paralegal or other form of legal defense.
One avenue frequently chosen by clients under care of an attorney is a conditional discharge. Rather than pleading guilty to the charge, you are given a probationary period of a year, after which the charge is expunged if you are not arrested or break that probation in any further manner. This method is only available to you if you have a clean criminal record, and a reasonable case can usually be made for its use. If you are arrested again during that one year period, you will face both the original charges and the new charges, and the court is less likely to show leniency in your prosecution. You may only have one conditional discharge over the course of your lifetime under New Jersey law.
Drug paraphernalia should be avoided at all costs in the state of New Jersey when this law is considered. If you are at a party where drug paraphernalia or drugs are present, it is recommended that you leave immediately in order to avoid any issues that may damage both your reputation and your career.
Criminal defense lawyers and criminal defense attorneys routinely handle cases of drug possession. Gina’s practice consists of some of the more respected criminal attorneys in Bergen county and Bergen county criminal defense lawyers. Our criminal defense attorneys from Oradell will help you explore all options available to you if you are charged with this particular offense.