Most controlled dangerous substances, i.e. drugs, require additional objects for consumption, ingestion or distribution. This could be a syringe, needle, baggie, scale, bowl or a bong (the list goes on and on). If you are caught in possession of one of these items, you may be charged with Possession of Drug Paraphernalia. Under New Jersey law, drug paraphernalia charges involve the instruments and materials used to produce, distribute or consume a controlled dangerous substance. The specific statute, N.J.S.A. 2C:35-2, makes possession of drug paraphernalia a disorderly persons offense. This means that a conviction for drug paraphernalia possession carries up to six (6) months in the Burlington County Jail. If you or a family member were subject to a police search or your person or your motor vehicle and you were charged with drug possession of possession of drug paraphernalia, contact the lawyers at Proetta & Oliver. Firm Partner and Former New Jersey Deputy Attorney General, William C. Fay, IV, will discuss your case with you and help you understand exactly how to defend against these charges. Our firm may be reached 24/7 by calling 609-850-8284.
Possession of Drug Paraphernalia Complaint
Unless you have been charged with another more serious criminal offense, drug paraphernalia charges will typically be issued through a Complaint Summons. If you have been issued a complaint summons with the charge of N.J.S.A. 2C:35-2, Possession of Drug Paraphernalia, then you will have to appear before the local municipal court judge at a certain date and time. This date and time will be listed on the complaint. Failure to appear at this court date may result in a warrant being issued for your immediate arrest and possibly result in the suspension of your driver’s license by the NJ Motor Vehicle Commission.
At the crux of any drug case in New Jersey is proof that you actually possessed drugs. This typically is proven through forensic tests performed at a New Jersey State Police facility. N.J.S.A. 2C:35-2 requires that:
“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.”
What are the Penalties for Possession of Drug Paraphernalia in Evesham NJ?
If you convicted of possessing drug paraphernalia in New Jersey, then you are facing serious consequences. Specifically, a conviction under N.J.S.A. 2C:35-2 carries up to six (6) months in the Burlington County Jail, a 1,000 fine, court fees and assessments, possible probation and suspension of your driver’s license for up to two (2) years! Not to mention the fact that you will have a permanent criminal record. There are alternative programs to avoid these convictions that may be of interest to certain clients. Contact our office for more information and a consultation regarding your case.
Burlington Township NJ Possession of Drug Paraphernalia Attorneys
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 Mount Laurel, Point Pleasant, Princeton and Middletown. All major credit cards are accepted.