Middletown NJ Drug Paraphernalia Lawyer
Drug paraphernalia charges are usually issued in conjunction with other offenses like possession of marijuana under 50 grams, possession of heroin, possession of cocaine and possession of crystal meth in New Jersey. If you have been charged with anyone of the aforementioned offense in Monmouth County, Keith Oliver Criminal Law can help. As you will see below, the statute is very broad when it comes to defining what exactly will qualify as drug paraphernalia. Some of the most common drug paraphernalia uncovered in New Jersey includes rolling papers, bongs, bowls, grinders and pipes. Whether you have been charged with possession of drug paraphernalia or possession of crack cocaine, it is imperative that you speak to an experienced Monmouth County drug possession defense lawyer. If these charges are not handled properly, it could drastically affect an individual’s life. Not only is a Defendant convicted of drug paraphernalia in New Jersey facing a criminal record but they are also facing jail time to.
Do I Need a Lawyer for Drug Paraphernalia Charge in Freehold?
If you have been charged with possession of drug paraphernalia in Monmouth County and would like to speak to one of our attorneys about your options, then please contact us at (732)858-6959. Our Monmouth County criminal defense attorneys have extensive experience defending clients accused of various drug offenses in courts throughout the county. Our office frequently appears in courts like the Holmdel Municipal Court, the Middletown Municipal Court, the Tinton Falls Municipal Court, the Belmar Municipal Court, the Asbury Park Municipal Court, the Red Bank Municipal Court, the Howell Municipal Court and the Freehold Municipal Court. If you have any questions whatsoever please do not hesitate to contact us and as always our initial consultations are free of costs. Our Monmouth County criminal attorneys are prepared to attack the State’s proofs in order to put our client’s in the best possible position to achieve a favorable outcome. Do not let a simple mistake affect your future. Here is some more information on drug paraphernalia charges in New Jersey.
How Serious are Drug Paraphernalia Charges in New Jersey?
Drug paraphernalia has always been and probably always will be a common offense issued in Monmouth County. The governing statute in New Jersey for drug paraphernalia charges is NJSA 2C:36-2. It states in pertinent part that:
- It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title.
So as you can see from reading above, the legislature has chosen to leave this statute very broad. That is not a bad thing though, that tends to leave a lot of room for an experienced criminal defense attorney to get creative with their defenses. If you would like to speak with an attorney today about your options then please contact us at (732)858-6959.
What is Considered Drug Paraphernalia in New Jersey?
As touched upon above, since the statute is very vague, the list of potential items that could be considered “drug paraphernalia” is enlist, however, is some of the most common:
- Rolling Papers / Blunts;
- Plastic baggies;
- Digital Scales
As you can imagine, several of the items addressed above have legitimate purposes outside of being potential drug paraphernalia. So when the prosecution is seeking to prove that those items are in fact drug paraphernalia, they will need to use circumstantial evidence. That could include inculpatory statements made by the Defendant and any drug residue which may be located on the item in question.
What Happens if I get Convicted of Possession of Drug Paraphernalia?
The possession of drug paraphernalia in New Jersey is a disorderly persons offense (misdemeanor). Anyone convicted of a disorderly persons offense will be facing up to six months in the Monmouth County Jail, a fine ranging up to $1,000, up to a six month loss of license and a criminal record. Depending on a Defendant’s prior criminal history and the underlying facts of the case, they may be eligible for the Conditional Discharge Program. That is a diversionary program in New Jersey whereby if the Defendant successfully completes the brief probationary period, the then pending charges would be dismissed outright.
Common Criminal Charges Associated with Drug Paraphernalia Cases in New Jersey
It should not be a surprise hear that possession of CDS charges are some of the more frequent offenses that we see being issued in connection with a drug paraphernalia case in Monmouth County. Other common offenses that we see being issued ancillary to drug paraphernalia cases include but are not limited too obstruction of the administration of law, driving under the influence of drugs, possession of CDS with the intent to distribute, eluding and failure to turn over CDS. If this is to occur, and if any of the additional offenses are classified as an indictable offense, the entire case must be transferred from the local Municipal Court to the Monmouth County Superior Court, which is located in Freehold for disposition. For example, if an individual is pulled over in Holmdel and it eventually discovered that they had a bong in the backseat, that person would be charged with possession of drug paraphernalia and the case would be sent to Holmdel Municipal Court. However, if a further search revealed several ounces of cocaine and the individual was also charged with possession of cocaine with the intent to distribute, then the whole case would need to be transferred from the Holmdel Municipal Court to the Monmouth County Superior Court for disposition.
Looking to Consult with an Attorney on a Drug Paraphernalia Case in Marlboro NJ
Whether you have been charged with possession of marijuana, possession of drug paraphernalia, possession of Molly, burglary, DWI or endangering the welfare of a child in Monmouth County, Keith Oliver Criminal Law can help. Being charged with a criminal offense can be extremely stressful, but having an experienced defense attorney to guide you through the legal process is crucial. If you would like to speak with one of our attorneys about the specific facts of your case, then please contact us at (732)858-6959. We serve all of Monmouth County including towns like Hazlet, Aberdeen, Long Branch, Neptune, Belmar, Colts Neck, Atlantic Highlands, Matawan, Manasquan and Ocean Township.