Marijuana Charges Defense Lawyer in Cherry Hill, NJ Represents Clients Charged with Marijuana Possession and Distribution in Burlington County, Camden County, Gloucester County, and Throughout NJ
New Jersey has taken part in recent trends across the states reducing or eliminating criminal punishment for possession of marijuana. It is now legal for an adult to possess 6 ounces or less of marijuana. Only if you are found in possession of more than 6 ounces will you face marijuana charges. New Jersey marijuana charges attorney Michele Finizio can help you avoid criminal liability entirely or, in some cases, negotiate a reduced penalty. Call (856) 242-7300 to schedule a free consultation about your marijuana possession charges.
What is the criminal offense of possessing over the legal limit of marijuana, exactly? In New Jersey, you can be charged with the possession of more than 6 ounces of marijuana. It is considered a fourth-degree crime, and if you are found guilty, you may be exposed to penalties that include up to 18 months of imprisonment and $25,000 in fines. Like other drug offenses, a marijuana possession conviction will go on your permanent criminal record, which could hurt your future employment prospects.
If you’ve been charged with marijuana possession over the legal limit in Cherry Hill, Camden, Gloucester Township, or anywhere else in NJ, it’s important to get in touch with a skilled Marijuana Charges Defense Lawyer in Cherry Hill, NJ for further guidance.
Facing A Drug Related Charge And Have Questions? We Can Help. Contact The Law Offices of Michele Finizio Today At 856-888-9059 Or Fill Our Our Convenient Online Contact Form For A Free Consultation About Your Case.
New Jersey Marijuana Charges Attorney Highlights Common Defenses to a Simple Possession of Marijuana Charges
There are a number of defenses that you may be able to utilize in order to avoid criminal liability for a marijuana charge in New Jersey.
Police Did Not Have Probable Cause
Law enforcement officers need probable cause in order to justify a legal search of your person or vehicle. If an officer does not have probable cause, and they conduct a search of your person or vehicle and find marijuana, then they will not be allowed to introduce such evidence into the case. As evidence of marijuana is core to the prosecution’s argument, this can result in the dismissal of the criminal case brought against you.
You Did Not Have Actual or Constructive Possession
A conviction for possession will not stand if you can show that you were not actually in possession of the marijuana. For example, if law enforcement officials find marijuana in your car — next to your friend — but it belongs to your friend (and you were unaware of the presence of marijuana), you could reasonably argue that the drugs were not in your possession.
Put another way: you cannot be held liable for the mere presence of marijuana, unless the prosecution can show that you possessed it.
The Evidence Was Mishandled
Evidence in NJ drug crimes cases is frequently mishandled. If law enforcement mishandles the marijuana evidence before it is lab tested, for example, then this could seriously affect the test results. By calling into question the legitimacy of mishandled evidence in your marijuana possession case, you can undermine the prosecution’s arguments and strengthen your defense.
The Conditional Discharge Option for Gloucester Township Marijuana Charges
Previously in New Jersey, If you were found guilty of a low-level marijuana charge like simple possession (less than 50 grams) for the first time, you could have been granted a diversionary program like conditional discharge in order to avoid the harsh penalties associated with drug crimes. Conditional discharge is an alternative form of sentencing. Instead of facing imprisonment and the prospect of having a stain on a permanent record with a drug conviction, the court gives certain defendants the opportunity to go on probation, get counseling, and/or perform community service as an alternative. If defendants conduct themselves in accordance with the terms of their probation, then they not only avoid imprisonment but the criminal conviction can also be erased from their permanent record.
However, due to the recent changes in New Jersey law with the legalization of cannabis, a conditional discharge is no longer applicable to marijuana charges as low-level crimes like simple possession are now legal. Legislation is still pending on cases where individuals are facing a new low-level drug charge for a different substance or disorderly persons charges but have already received a conditional discharge for a marijuana-related offense in the not-so-distant past.
Contact an Experienced New Jersey Marijuana Charges Attorney for Further Guidance
Michele Finizio, a marijuana charges defense lawyer in Cherry Hill, NJ, has spent over a decade representing New Jersey criminal defendants in a range of litigation, including cases that involve the possession of illicit substances (such as marijuana). Attorney Finizio understands that being charged with a drug-related crime like simple possession of marijuana can be an emotionally trying experience, and as such, she works closely with clients throughout the litigation process to ensure that they are kept well-informed about the developments in their case.
Call (856) 242-7300 today to speak with Attorney Michele Finizio about your legal issues, or contact her online. The initial consultation is free, and all communications are confidential. We look forward to hearing from you.
