Drug Possession Charges Dismissed in Burlington County
October 15, 2019
Possession of Drug Paraphernalia, under N.J.S.A. 2C:36-2, is a criminal charge frequently filed in addition to charges for drug possession involving marijuana, cocaine, heroin, methamphetamine, etc. Even in those scenarios where police cannot find any drugs with the paraphernalia, they can file charges for possession of drug paraphernalia if they believe you used the paraphernalia to ingest the drugs previously or intended to in the future. If convicted, you will be saddled with a criminal record. Therefore, it is important to contact an experienced criminal defense attorney to help you with your criminal charges. If you or a loved one were issued a summons for in Evesham, Pemberton, Bordentown, Burlington, Lumberton, Mount Laurel, Florence, Maple Shade or Cinnaminson, please contact our office. Our team of trial attorneys can be reached day and night by calling (609) 850-8284.
How to Get Drug Paraphernalia Charges Dismissed in New Jersey?
Unfortunately, there is no straight-forward way to get drug paraphernalia or drug possession charges dismissed. Every case has its own unique set of circumstance and facts. Therefore, while some cases may be dismissed based on illegal searches, others could be dismissed based on failures in the drug testing process by the State’s lab technicians. In this particular case, I was able to challenge the prosecutor’s ability to present evidence regarding the results of laboratory testing performed on the drugs. Without proof of the alleged drugs involved, the prosecutor could not prove that the paraphernalia was used or intended for use to ingest or consume a controlled dangerous substance. This resulted it the charge being dismissed.
For any person facing these charges, you should contact an attorney who is familiar with the subject of drug possession and search and seizure case law in New Jersey. Do not blindly go to court without first having your case reviewed by an experienced criminal defense attorney in Burlington County.
What are the Penalties for Possession of Drug Paraphernalia?
Were you charged with possession of drug paraphernalia? If you received a summons that lists the criminal charge N.J.S.A. 2C:36-2, then you are facing a disorderly persons offense under New Jersey law. As a disorderly persons offense, possession of drug paraphernalia carries up to six (6) months in the Burlington County Jail, a $1,000 fine, court fees and assessments, probation and a criminal record.
What is Drug Paraphernalia?
As you might imagine, to have drug paraphernalia, there must also be the presence (current or previous) of a controlled dangerous substance. This is further elaborated under N.J.S.A. 2C:36-2:
“The defendant used the drug paraphernalia or possessed the drug paraphernalia with the intent to use it for any of the following purposes: planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance, controlled substance analog or toxic chemical.”N.J.S.A. 2C:36-2
Drug Possession Lawyers Near Attorneys Mt Holly
As previously mentioned, possession of drug paraphernalia is a disorderly persons offense that is typically handled by the municipal court where the offense occurred. A conviction carries a criminal record, possible incarceration, probation, fines and possible license suspension. Contact our office today if you or a family member is facing criminal charges involving drug possession. Firm Partner, William C. Fay, IV, is a former New Jersey Deputy Attorney General who has a plethora of experience and knowledge that he puts to use for his clients. Please do not hesitate to contact our office with any questions or concerns that you may have regarding your case.