Hamilton Marijuana Possession Attorney
With so many mixed signals being sent to the public, the fact that possession of marijuana in any quantity is illegal in Hamilton and everywhere else in New Jersey tends to get overlooked. It is therefore no surprise that hundreds of marijuana possession charges, especially those involving 50 grams or less, are issued in Hamilton Township annually. The key for those charged with this offense is to insure that its impact is minimal as opposed to life altering. This where the an attorney at the Law Offices of Jonathan F. Marshall can prove to be so invaluable. Our staff of criminal lawyers include several former prosecutors and a team that has been defending Hamilton marijuana possession charges for over 100 years between us. We certainly have the knowledge and experience to provide you with the protection of your future that you need. If you would like to conduct a free initial consultation with a lawyer on our staff, call our Hamilton Office. Attorneys can be reached 24/7 by calling 609–683–8102.Marijuana Possession Offense in Hamilton New Jersey
In accordance with N.J.S.A. 2C:35-10, it is unlawful to purposely, knowingly, actually obtain or possess marijuana. Subsection (a)(4) of this statute is devoted to possession of 50 grams or less of marijuana. A violation under this provision results in a disorderly persons offense falling under the jurisdiction of the Hamilton Municipal Court. Possessing more than 50 grams is a fourth degree crime, a felony, that must be sent to the county courthouse in Trenton for resolution.
An individual can be found guilty under 2C:35-10 if they either directly or constructively possess marijuana. Actual possession occurs when an individual has direct physical custody of the drug, including in their pocket, a purse on their person or is otherwise under their direct control. Constructive possession of marijuana occurs when this form of controlled dangerous substance (“cds”) is not in an individual’s custody but they are aware of its presence and have both the ability and intention to exercise control over it in the future. The classic example of this form of marijuana possession occurs when the item is hidden in the trunk of a car or in a residence (i.e. house or apartment).
The exact punishment in Hamilton for having or being under the influence of marijuana depends on the amount of the drug. A conviction for possessing 50 grams or less of marijuana results in up to 6 months in jail, a fine that can reach $1,000 and a driver’s license suspension of 6-24 months. Possession of more than 50 grams of marijuana results in a prison sentence of up to 18 months and a fine of up to $25,000.
Anyone who is accused of having marijuana in Hamilton should speak with a lawyer immediately to determine the exact defense to use. Until then, here are some common defenses to a possession charge:
- Actual innocence
- Challenge the lab testing of marijuana
- No reasonable suspicion to search
- No actual or constructive possession of marijuana
- Defendant did not knowingly possess marijuana
You have been charged with possession of marijuana in Hamilton New Jersey, a lawyer on our staff is ready to help you avoid a conviction. Our team of skilled attorneys possesses the experience you need with over a century in practice combined, including years serving as prosecutors. To take advantage of a free consultation with an attorney immediately, call us at 609–683–8102.