Marijuana Possession Charges Dismissed in Municipal Court
April 29, 2019
While everyone wait with bated breath for the NJ Legislature and Governor Murphy to pass a bill legalizing the possession and consumption of marijuana, defendant’s throughout the state are still forced to defend against their pending criminal charges for marijuana possession. Unfortunately, municipal prosecutors are still forced to prosecute these criminal charges for Possession of Less than 50 grams of Marijuana, Possession of Drug Paraphernalia and CDS in a Motor Vehicle. This becomes even more difficult as municipal judges want to resolve these cases and refuse to allow attorneys to adjourn or postpone the case until new laws have been passed. Defendants and attorneys are stuck in an unfortunate predicament as they face criminal charges for an offense that may soon be legal
For one of our clients, we were able win a dismissal of their marijuana charges and avoid any criminal record or conviction.
N.J.S.A. 2C:35-10(a)4 Charges Dismissed
Recently, I appeared before the municipal court for a client facing a criminal complaint involving Possession of less than 50 Grams of Marijuana and Possession of Drug Paraphernalia. My client was one of four individuals, including a juvenile, who were caught in possession of marijuana in a public park. While the police did not witness any direct consumption/smoking of marijuana, my client provided a statement indicating that he had ingested/inhaled marijuana prior to the officer’s arrival. This was sufficient probable cause to arrest and charge my client with a summons complaint for N.J.S.A. 2C:35-10a4 (marijuana possession) and N.J.S.A. 2C:36-2 (drug paraphernalia possession).
My client was a college student who had no criminal record. The prospect of a criminal record would severely inhibit my clients ability to obtain gainful employment upon graduation. Therefore, we were forced to argue to suppress my clients admission. If successful, the State would lose a critical piece of their evidence. Thankfully, I was able to suppress the confession and move for a dismissal of the charges based on lack of evidence. This was a wonderful result for my client.
Florence NJ Marijuana Possession Lawyers
William C. Fay, IV, Esq., is a criminal defense attorney who represents defendant facing criminal charges throughout Burlington County and surrounding areas. If you were arrested for a criminal offense like Marijuana Possession, Heroin Possession, Possession of Drug Paraphernalia, Criminal Mischief, CDS in a Motor Vehicle, Shoplifting, Theft, Trespassing, Harassment or Simple Assault, contact Mr. Fay for a consultation about your case. We represent clients in municipal courts like Florence, Evesham, Burlington Township, Pemberton, Moorestown, Cinnaminson, Beverly City, Mt Holly, Mt Laurel, Palmyra, Southampton and Westampton. Call (609) 850-8284 for a free initial consultation with a Burlington County Attorney today.