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Drug Paraphernalia

NJ Drug Paraphernalia Statute 2C:36-2

In New Jersey a person can be charged under the drug paraphernalia statute for possessing any item which can be used to ingest, pack, grow, process, or produce illegal drugs also known as a controlled dangerous substance (“CDS”). This can be anything from a plastic bag, scale, glass bowl or pipe, roach clip, rolling papers, a rolled up dollar bill or even a hollowed out pen. Drug Paraphernalia is a disorderly persons offense (misdemeanor) and is punishable by up to 6 months in county jail and $1000.00 fine. Make no mistake, a conviction of drug paraphernalia will result in a permanent criminal record which you must wait 5 years until you can get an expungement. If you have been arrested or charged with drug paraphernalia in Mercer County you should contact a defense attorney immediately. The criminal lawyers at the Law Offices of Jonathan F. Marshall possess over 100 years of collective experience so you can feel confident that you are getting a thorough and comprehensive representation. Our criminal lawyers defend clients against drug paraphernalia charges throughout Mercer County and surrounding areas such as Robbinsville, Lawrenceville, Ewing, Princeton, East Windsor, Flemington, Lambertville and Hightstown.

Drug Paraphernalia Defense Lawyers

You can be arrested for Drug Paraphernalia as a lone charge, but it most circumstances it is a companion criminal charge often coupled with Possession of Marijuana, Cocaine, or Heroin. This is because in most situations the drugs are found either bagged up or nearby to a pipe or other item used to ingest it. Drug paraphernalia is considered a drug charge even though no drugs may actually be found at the time of arrest. This can obviously create problems for the State’s case in prosecuting the drug paraphernalia charge because the prosecutor must prove beyond a reasonable doubt that the defendant intended to use the items in furtherance of this illegal activity. Moreover, a person charged with drug paraphernalia could be eligible for a Conditional Discharge, a diversionary program for first-time drug offenders which could mean a dismissal of your charges upon successful completion. Aside from this, our team of veteran defense attorneys and former prosecutors will review the state’s case against to assess if any potential suppression issues in connection with an illegal search and seizure or Miranda Rights violation. We represent clients who have been charged or arrested for drugs and drug paraphernalia throughout Mercer County, Hunterdon County, and Burlington County including Trenton, Hamilton, Bordentown, Readington, and Raritan.