Marijuana Charge Lawyer in Fort Lee, NJ
Were you or a loved one arrested and charged in Fort Lee with N.J.S.A. 2C:35-10(a)(4), Possession of 50 grams or less of marijuana? If so, you case will likely be heard at the Fort Lee Municipal Court. The Fort Lee Municipal Court is located at 309 Main Street, Fort Lee, NJ. The Municipal Prosecutor for Fort Lee is Arthur Balsamo, and the Judge for Fort Lee is the Honorable John R. DeSheplo. Under 50 Grams of Marijuana charge can have a lasting impact not only on your life but possibly your job or even your education. In addition to this, you or a loved one can also face a paraphernalia charge as well. If you or a loved one has been charged with N.J.S.A. 2C:35-10(a)(4) (Possession of Marijuana Under 50 Grams), our firm has the experience and knowledge to defend you or your loved one:
- Over two-hundred (200) years of combined experienced in criminal law
- We are a committed team of eleven (11) criminal defense attorneys
- More than half of our attorneys were former prosecutors, the majority serving as either Assistant County Prosecutors (Superior Court), or Municipal Prosecutors (Municipal Court)
- One of our attorneys was the head of the Drug, Gang, and Gun Task Force during his tenure as an Assistant Prosecutor
- Another attorney at our firm was the Director of Major Crimes, as well as the head of the Trial Division
- Certified Criminal Trial Attorney, an enormous distinction since an attorney must, in part, complete and pass a written and oral test, practice for a certain amount of years, and have tried a certain amount of criminal jury trials in order to earn this merit
- Three (3) of our attorneys were former Municipal Prosecutors in over twenty-five (25) towns
- Selected by Super Lawyers to their 2021 New Jersey Rising Stars list, an exclusive list recognizing no more than 2.5% of attorneys in New Jersey
- Selected by the National Trial Lawyers Top 100 and Top 40 Under 40
N.J.S.A. 2c:35-10(a)(4) Possession of Marijuana Under 50 Grams Fort Lee, New Jersey
N.J.S.A. 2C:35-10(a)(4), usually referred as Possession of 50 grams or less of marijuana, is one of the most common Disorderly Persons Offenses in New Jersey. Typically, a charge is issued after a motor vehicle stop (such as speeding or failure to maintain your lane while driving in Fort Lee, N.J.) and police either see the marijuana in plain view, or search the car when they have probable cause that suspected marijuana is in the car. The most common way for police to get probable cause is when the officer(s) smell burnt or unburnt marijuana emanating from the car. This allows the police to search your car for the suspected marijuana.
N.J.S.A. 2C:35-10(a)(4) provides in part that “ [i]t is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to…[p]ossession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.”
The law is even more stringent when the offense is committed on or near school property, or on or near a school bus. If convicted, the defendant will “be required to perform not less than 100 hours of community service”.
Defending a Marijuana Charge in Bergen County, NJ
If you or your loved one has been charged in Fort Lee, or anywhere else in Bergen County, our skilled team of defense lawyers can defend your case:
- One approach is suppressing the evidence. Meaning if the initial stop (when the police first pulled you over) was not supported by probable cause or reasonable suspicion, our office can file a Motion to Suppress.
- Another approach our firm can draft and submit a letter to the Municipal Prosecutor outlining why this case should be dismissed or amended pursuant to the New Jersey Attorney General’s August, 2018 Memorandum.
- One more approach is to file a Holup Order. This is usually done after a certain amount of time, and pretty much submits a deadline of when the State (Municipal Prosecutor) has to provide our office the evidence or else that evidence may be suppressed and/or the case may be dismissed.
- There’s also a Diversionary Program commonly referred to as a Conditional Discharge.
Bergen County NJ Marijuana Defense Attorneys
If you have any further questions with regards to this offense or any other offense for that matter, please contact any one of our Bergen County Offices for a free initial consultation about your pending charges at 201-429-9783.