Cannabis possession is the 1 criminal offense that clogs New Jersey county and municipal courts. According to your New Jersey State Police, there were almost 29,000 drug arrests in Nj in only the first six months of 2007, twice more than drunk driving arrests statewide, most of them for Cannabis possession. Cannabis Seeds , Cannabis use is growing and so are arrests for Cannabis possession. In line with the FBI report, in 2006 there were an estimated total of 1,889,810 state and local arrests for drug abuse violations nationally of which 39.1% were for Cannabis possession. This little almost 737,000.
People smoke pot each and every parts of the county, but it is how states treat Cannabis possession that makes all major difference. Many states, including New York and California, don’t view simple Cannabis possession as the end of the world crime and most first-time offenders will make do with having the charges dismissed and paying a small fine. The penalty of first-time possessing of lower 25 grams of Cannabis in New York is $100. It’s $200 for your second time. Otherwise, half the state will result in jail.
Not so in New Jersey. Under N.J.S.A. 2C:35-10, Cannabis possession is prohibited and penalties rely on either or all of the following: (1) regarding possession (possession with intent to distribute or not), (2) quantity of the drug in possession, and (2) whether it’s the first, second, or third offense. For anyone who is caught with well over 50 grams of Cannabis , including any adulterants or dilutants, or quite five grams of hashish, you may be charged with a criminal offence of the fourth degree, and you can get up to 18 months in jail and pay a fine of up to $25,000.00. If you are charged with possessing less than 50 grams of Cannabis , including any adulterants or dilutants, or five grams or less of hashish, you will face a disorderly person’s offense charge that in enjoying a walk case scenario may get you up to 6 months in jail and a $1000 fine. You may lose your driver’s license and pay on your own rehabilitation program.
First time Cannabis possession offenders in New Jersey could need any of 2 diversion programs, the Conditional Discharge authorized by N.J.S.A. 2C:36A-1 or the Pre-Trial Intervention Program (PTI). Under the conditional discharge law, basically, you have one chance to have your petty disorderly persons Cannabis offense conditionally discharged for qualify. How are you eligible? Your attorney should show that (1) your continued presence is and not a danger to the community, which means convincing the court that no freeze or rehab is needed, (2) how the program’s supervision will correct any drug problems you have, and (3) this is your first application to the program or to Pretrial Intervention (“PTI”).
If you qualify for the conditional discharge program, the will be suspended for their year and then, assuming you stay clean, the dismissed. Blogs no trial, no criminal record, and usually no suspension of your driver’s driver’s license. After the case is dismissed, you may expunge the arrest stores.
If you fail to satisfy the program conditions, circumstance will be restored on the court’s calendar and then you’ll need your lawyer’s phone number again. After the year’s probation period, you will not have a criminal record
How scenario will proceed largely depends on the prosecutor. The prosecutor may agree to downgrade your case as a disorderly persons offense and it would proceed in Municipal Court and would qualify for Conditional Put out. Otherwise, the case will go to county court where you will be charged having a Fourth Degree Offense but may qualify for PTI.
Even that isn’t existing first-timers diversion programs, traditional defense methods may be used such as evidence suppression under Search and Seizure laws. As simple as it may seem, your Jersey Cannabis possession charge may go away for good or it might stick for for a long while. The bottom line is, do not try it your business. You will need a good New Jersey Cannabis defense lawyer who’ll walk you thru the procedure.
This article discusses New jersey Cannabis possession charges and criminal obligations. IT is provided by Joseph Potashnik, On the internet services criminal lawyer who defends people charged with New Jersey drugs crimes, including criminal possession. You can go to Mr. Potashnik’s websites at http://jpcriminaldefense.com for NJ and http://jpdefense.com for NY.