Experienced Harvey Cedars Marijuana Distribution and Possession Defense Attorneys
If you do not have the right legal help, marijuana charges may be a big problem. Do not risk a conviction for marijuana possession or distribution. Even with the allowed use of medical marijuana (under very specific and controlled situations), NJ will go after people arrested for using, selling and growing weed. If you have been arrested for pot possession, your Harvey Cedars, NJ lawyer can help you through the legal process.
Know the Law, Avoid Marijuana Charges in New Jersey
Marijuana is called a Controlled Dangerous Substance in NJ. Charges like possession of a CDS are dictated by the weight of pot discovered at the time of arrest. If you are in possession of less than 50 grams of marijuana at the time of custody, you may be accused of a disorderly persons offense. However, if you do find yourself arrested with possession of 50 grams or more of marijuana, it may lead to a felony charge.
If you are arrested in possession of marijuana (this can be a smaller amount than 50 grams), charges will frequently go beyond further than possession. The state will occasionally charge you with the intent to distribute, which is treated the same as being arrested in the act of actually selling marijuana. Usually, the intent to sell is a more serious charge than possession. A Harvey Cedars criminal defense attorney may help get your distribution charges reduced to possession.
New Jersey Criminal Defense Lawyers With a Background Fighting Marijuana Charges
As a previous municipal prosecutor and public defender, Carmine Villani, Esq. has uncommon experience for a marijuana criminal defense lawyer. Villani & DeLuca opened in 1996 and has been battling marijuana charges for New Jersey's accused ever since.
Marijuana Statutes in New Jersey
{Your marijuana charges depend on how much marijuana you had on you, where your arrest happened and what law enforcement believes you were attempting to do with the illegal drugs in your possession.|Were you arrested with a large amount of pot in your possession? Based on the unique situation of , including type of drug packaging, presence of drug paraphernalia, and quantities of marijuana, law enforcement may choose to book you for the distribution besides just possession.
Possession of Marijuana
Marijuana possession in New Jersey of less than 50 grams can be punished by jail terms of as many as 6 months and fines that approach $1,000. However, the punishment can be potentially 18 months in jail with a top fine of $25,000, when the volume of marijuana passes 50 grams.
Marijuana Distribution and Intent to Sell Marijuana
All pot distribution allegations are felonies by law in NJ with a conviction, but the consequences associated with these charges range in seriousness. For instance, a fourth degree charge (less than one ounce) can lead to a maximum fine of $10,000 and a prison sentence of up to 18 months, while charge of the first degree would require a maximum sentence of twenty years and a max fine of $300,000.
School Zones and Public Parks
All pot-related allegations will be enhanced if the crime happens in a location designated by New Jersey laws as a protected zone. Protected zones are in or near schools as well as public parks. School zones are defined as any property leased or owned by an elementary school, intermediate school, high school or school board and include land up to 1,000 feet from these buildings as well as school vehicles. It can be the middle of summer for an arrest in a school zone to affect your charges. Selling drugs in or near a school is particularly serious. There are extenuating circumstances to this policy, however, a qualified NJ marijuana possession attorney can argue that the mandatory minimum sentence is not applicable.
Medical Marijuana
Certain people are permitted to use medical marijuana in New Jersey. However, NJ does not recognize defendants who have been allowed to use medical marijuana by other states. To become approved for use of medical marijuana in New Jersey, you must obtain a doctor's recommendation for a serious illness like amyotrophic lateral sclerosis, multiple sclerosis, terminal cancer, muscular dystrophy, inflammatory bowel disease, Crohn's disease or a life threatening illness if the physician has determined a prognosis of less than a year of life.
Villani & DeLuca is Available All Day, Every Day for Legal Advice
To deal with your marijuana charges in Harvey Cedars, New Jersey, contact Villani & DeLuca criminal defense attorneys. You may also speak with a criminal defense lawyer for a free consultation with a phone call to (732) 709-7757.