East Brunswick Marijuana Charges
Marijuana Lawyers in East Brunswick, New Jersey
East Brunswick is a suburban town in Middlesex County, New Jersey, intersected by Route 18 and the New Jersey Turnpike. The town serves as home to nearly 50,000 residents and is a connector to Route 1 and the Jersey Shore. Because of the location, thousands of people pass through East Brunswick in their cars daily whether going to work, attending the nearby colleges of Rutgers University and Middlesex County College, the beach, or even going home. Unfortunately, some unsuspecting drivers are pulled over for a motor vehicle infraction and wind up with drug charges for marijuana. If you have been charged with possession, intent to distribute, or distribution of marijuana in East Brunswick, contact our local criminal defense firm today for a free consultation. We are a team of highly experienced East Brunswick criminal defense attorneys who will fight for your rights in East Brunswick Municipal Court or Middlesex County Superior Court. To discuss your marijuana case in East Brunswick and find out how we can help, call our office at (732) 659-9600 or contact us online. A member of our team is standing by to assist you.
Facing Marijuana Charges in East Brunswick, NJ
It is illegal to possess, distribute, or possess with the intent to distribute marijuana and synthetic marijuana in East Brunswick and throughout New Jersey. Depending on the type of contraband and the quantity, you may be charged with either an indictable crime or a disorderly persons offense for marijuana in East Brunswick or elsewhere in Middlesex County. Marijuana in the traditional sense (not synthetic) can be charged as a first, second, third, or fourth degree crime (felony) or a disorderly persons offense (misdemeanor), depending on the amount and your intent to distribute or lack thereof. If you possessed greater than 50 grams, your case will be heard in the Middlesex County Superior Court located at 56 Paterson Street, New Brunswick, NJ 08903-0964.
Charged with a Fourth Degree Crime for Marijuana in East Brunswick
Having more than 50 grams of marijuana in your possession in East Brunswick or elsewhere means there is a substantial likelihood of you being charged with an indictable crime. If the amount found is determined to have a weight over 50 grams, this will likely cause a complaint for a 4th degree crime to be lodged against you. The weight of the item includes anything that is mixed with the marijuana as well. For example, if there was oregano mixed into the weed to increase revenue for the original seller, the weight of the oregano counts towards the grading of the offense. Fourth degree marijuana offenses carry possible prison terms between 12-18 months and up to $25,000 in fines. Similarly, synthetic marijuana can be charged as a fourth degree offense if the amount possessed is less than one ounce.
Third Degree Crime for Marijuana in East Brunswick NJ
Both natural and synthetic marijuana can, depending on the weight, be graded as a third degree felony as well. A conviction for synthetic marijuana (greater than one ounce) and herbal/traditional marijuana (1 ounce to 5 pounds) will permit the court to sentence you to 3-5 years in state prison. As shocking as it may be, state prison is a permissible sentence. Additionally, your license could be suspended, a fine levied of $25,000, and your DNA taken to identify you in the criminal registry. Additionally, charges for possession of marijuana with intent to distribute in a school zone may subject you to a third degree criminal complaint. There is a high likelihood that you could be charged with marijuana possession within a school zone, as there are numerous schools in East Brunswick. For instance, there are 8 elementary schools alone and two junior highs, as well as one high school. Even a motor vehicle stop while in possession of marijuana within 1000 feet of these educational facilities can lead to a drug charge to a third degree crime.
Second Degree Crime for Marijuana Possession with Intent to Distribute in East Brunswick
While most cases involve third degree charges or less, there are rare occasion where you can be charged a second degree crime for marijuana in East Brunswick. A second degree crime results from possessing greater than 5 pounds of marijuana but not more than 25 pounds, or possessing between 10 and 50 houseplants. If found with marijuana in this range of quantities, you will likely be charged with possession with intent to distribute and could wind up in jail for 5-10 years and forced to pay up to $300,000 in fines.
Arrested for Marijuana Disorderly Persons Offense in East Brunswick NJ
Indictable crimes for marijuana happen on occasion, but more often than not people possess less than 50 grams of marijuana and are charged with a disorderly persons offense. If charged with a disorderly persons offense for marijuana in East Brunswick, you will attend East Brunswick Municipal Court located at 1 Jean Walling Civic Center Drive East Brunswick, NJ 08816. During the first court date or on dates thereafter, the state may encourage you to take a plea. You should be wary of negotiating your own deal without the assistance of an attorney, as you could go to jail for as much as 180 days, be ordered to pay a $1,000 fine, a $500 mandatory penalty, lose your license for up to two years, and have the criminal offense on your record moving forward. A disorderly persons offense is not considered a felony but it can cause you harm in various ways. Fortunately, there are many methods to successfully handle a marijuana case in municipal or superior court.
Charged with Marijuana in a Car in East Brunswick NJ
Often, people are charged with possession of marijuana or driving under the influence of marijuana as a result of a motor vehicle stop. This is because the police can essentially pull you over for a traffic offense, say they smell marijuana, and then search your car. The New Jersey Supreme Court does not apply the warrant requirement when there is probable cause to believe that your car contains evidence of a crime and law enforcement can now search your motor vehicle based on the odor of marijuana. In a case known as State v. Witt, the Supreme Court ruled that the police need only establish probable cause to believe that a crime is, or has been committed, to allow them to search the car. When it comes to marijuana or drugs, the police do not need a warrant to get you out of the car, search you, and then search the car. Sadly, this is often carried out by the police writing in their police report that they “smelled marijuana” or “the odor of burnt marijuana” or that the “odor of raw marijuana was emanating from the vehicle.” This simple statement allows the police to force the vehicle occupants to exit the car only to be searched and then have the vehicle searched and impounded. On many occasions, no marijuana is found at all but other substances may be uncovered. However, many times, marijuana is found in a vehicle, providing cause for arrest and criminal charges. The marijuana found can be either on an occupant that was in the vehicle, inside the vehicle itself, or located in a container or trunk of the vehicle.
Local East Brunswick NJ Marijuana Defense Lawyer
If you are facing marijuana charges in East Brunswick, New Jersey, you want a skilled defense lawyer representing you. When you hire us, our experienced marijuana attorneys can help you navigate the court system in East Brunswick and Middlesex County and defend against charges for possession or distribution. We will leave no stone unturned in advancing legal theories or defenses that can help win your drug case. Contact us today at (732) 659-9600 to get a free consultation.