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Hypodermic Needle & Syringe Possession Offenses

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Charged with Possession of a Hypodermic Needle or Syringe in Burlington County NJ

NJSA 2C:36-6 Charges in Mount Holly NJ

Drug crimes are considered a consequential disruption to law and order in New Jersey, and state lawmakers and enforcement authorities punish a wide range of offenses involving controlled dangerous substances, including the possession or distribution of tools to use dangerous drugs, like hypodermic needles and syringes. As a result, people find themselves arrested and charged with violating section N.J.S.A. 2C:36-6 of the New Jersey Criminal Statutes on a regular basis, which pertains to possessing a needle or syringe for the purposes of using drugs. If you or someone close to you has been charged with possession of a needle or syringe in Mount Laurel, Mount Holly, Cinnaminson, Pemberton, Lumberton, Florence, Evesham, or another municipality in Burlington County and surrounding areas in New Jersey, contact our attorneys at Proetta, Oliver, & Fay for immediate assistance with your specific case. Our team is dedicated to providing you with answers and if you choose, experienced defense representation. Simply contact us seven days a week, around the clock at 609-850-8284 to receive a free consultation.

Violations of 2C:36-2 in New Jersey

While hypodermic needles are not illegal in and of themselves, they are illegal under certain circumstances. For example, having, selling, or giving a hypodermic needle to inject illicit drugs into yourself or others is against the law. N.J.S.A. 2C:36-6 outlaws the intentional possession of a hypodermic syringe, needle, or other tool that can be used as such for using a controlled dangerous substance or its analog. N.J.S.A. 2C:36-6 specifically addresses hypodermic needle possession and distribution, while 2C:36-2 broadly addresses illegally possessing drug paraphernalia to ingest or use controlled dangerous substances.

Is it Always Illegal to Possess a Syringe in NJ?

Healthcare providers and others licensed to administer medications, like doctors, nurses, hospitals, undertakers, and veterinarians, may have hypodermic needles and syringes. Additionally, people with diabetes or other conditions that require medication administered by injection may have hypodermic needles and syringes if they have valid prescriptions for those drugs. These two categories of medical providers and patients are two exceptions to the law contained in N.J.S.A. 2C:36-6.

Punishments for Needle / Syringe Possession Charges in NJ

If you get caught in possession a hypodermic needle, you face charges for a disorderly persons offense, New Jersey’s version of a criminal misdemeanor. Disorderly persons offenses are lesser offenses than indictable crimes but still carry a burdensome set of penalties. If a judge finds you guilty of violating N.J.S.A. 2C:36-6, they can sentence you to a maximum of six (6) months in jail and a fine amounting to up to $1,000.00. You may even lose your driver’s license for a specified period if convicted of this offense. In addition, the arrest and conviction for the violation become a part of your criminal record and may cause employers, educators, licensing agencies, and housing authorities to hesitate to take a risk on you.

Courts that Handle Needle and Syringe Possession Cases in New Jersey

Charges, trials, and convictions for disorderly persons offenses, traffic violations, and municipal ordinance violations take place in New Jersey’s more than 530 municipal courts, which are dispersed throughout the state. Thus, if the only charge you are facing is possession of a syringe or needle, then your case goes through the legal process in the Municipal Court presiding in the municipality where your charges were issued. In these cases, a judge, not a jury, decides guilt or innocence and the municipal prosecutor seeks to prove the case against you.

Strategies for Defending Needle Possession Offenses in NJ

If you face disorderly persons offense charges for possessing a hypodermic needle or syringe, you may have viable defenses to the charges. For example, you can prove you have a valid prescription. To defeat the charges, you will need to present evidence of a prescription from a practitioner licensed to prescribe hypodermic needles and possibly the medication you inject.

Another defense is your license to have, sell, or otherwise distribute hypodermic needles. A licensed doctor, nurse, or other medical professional may possess needles legally by law. In addition, hospitals, veterinarian clinics, and morgues may legally carry hypodermic needles on the premises to perform the services in those entities. However, specific distribution rules guide professionals who distribute hypodermic needles. For example, a pharmacist must check an individual’s identification and age with a photo ID before dispensing a needle.

Other legitimate and legal reasons for having and giving away hypodermic needles and syringes are community outreach programs to help drug addicts or prevent diseases. Syringe access programs provide public health services to those fighting drug addiction with sterile needles to administer lifesaving drugs and prevent the spread of infectious diseases such as HIV.

Notably, it is not a defense that the illegal needle was never used. However, you may have other defense options, such as negotiating for probation as a substitute for jail. You may also be able to complete community service or a period of substance abuse treatment, so it is important to have your case thoroughly reviewed by an experienced criminal defense lawyer such as those on our team.

Our attorneys know and regularly use defense strategies to get needle and syringe charges and other drug charges against our clients dismissed or reduced to avoid convictions or jail time. Our knowledge of police practices and constitutional law works to your advantage when the state violates your rights before, during, or after arrest. We can call these violations out and seek to suppress evidence the police unlawfully obtained to prosecute you. Should a trial be necessary, our team will prepare and present your case to lessen the likelihood of a conviction.

First-Time Offender Program for Possessing Needles & Syringes in New Jersey

Even if you do not qualify under one of the exceptions for legally possessing syringes in New Jersey, you may have alternative resolutions available. If your record of prior crimes or offenses is clear, you may be eligible to avoid ruining your clean record through the municipal court diversionary option of conditional charge. So long as you have no criminal history or have not participated in a diversionary program before, you can apply for the conditional discharge program, complete the program’s requirements, and maintain a conviction-free criminal record.

Though this program may be desirable to avoid a costly mistake, no one will hand it to you. You are at a clear disadvantage without knowing what it takes to get approval, so having a lawyer’s help preparing your application is a must. Once you complete conditional discharge and the charges are dismissed, you can then expunge the arrest and the original charge from your record entirely through an expungement. You must wait 6 months from the completion of the program to start the expungement process, but our lawyers can handle your defense and your expungement with the skill required to get the best results.

Immediate Assistance from a Defense Attorney for Hypodermic Needles and Syringes in Mount Laurel NJ

If you need assistance from accomplished attorneys to defend you against charges of illegal possession of hypodermic needles or syringes in Burlington County areas such as Delran, Eastamption, Delanco, Riverside, Bordentown, Burlington Township, Gloucester, and other areas in Southern New Jersey, you can count on Proetta, Oliver, & Fay for our firm’s vast knowledge about the laws, procedures, rules, and practices necessary to navigate the criminal judicial system. A conviction has consequences you may not foresee, but we can help mitigate or minimize these potentially detrimental effects of your life. Talk to an attorney about your charges for a needle or syringe today by calling 609-850-8284.

Contact Us

Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted.

Burlington Office

525 Highway 73,
Suite 104, Marlton,
New Jersey 08053
Phone: 609-850-8284
By Appointment Only

Hamilton Office

100 Horizon Center
Boulevard, Hamilton,
New Jersey, 08691
By Appointment Only

Point Pleasant Office

3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only

Middletown Office

180 Kings Highway,
Middletown Township,
New Jersey 07748
By Appointment Only