Our Mount Laurel NJ Drug Paraphernalia Attorneys
Burlington County has almost 500,000 residents so it should not come as a surprise that there are hundreds of drug paraphernalia cases filed each month by police in the jurisdiction. Whether charged with possession of a pipe at Smithville Park or with a syringe in your car while driving on Interstate 295, a drug paraphernalia charge is probably a lot more serious than you think. There is not only a mandatory suspension of your driving privilege of at least six months if you are found guilty but also financial assessments and fines that can exceed $1,000. The municipal court judge may also sentence you to up to 6 months in the county jail. Your need to pay attention to a drug paraphernalia is only bolstered when you consider that NJ Supreme Court guidelines prohibit plea bargaining of a drug paraphernalia charge. Our attorneys are skilled in the defense of drug paraphernalia as well as cases drug possession charges involving marijuana and heroin. We represent those accused of drug paraphernalia throughout Burlington County including Medford, Moorestown, Mt. Holly, Evesham, Bordentown and Florence. To reach a drug paraphernalia attorney immediately, call our Mt. Laurel Office at (856) 234-8900 for a free consultation.
Drug Paraphernalia Charge Under N.J.S.A. 2C:36-2
Title 36 of the NJ Criminal Code makes it illegal to possess drug paraphernalia or hypodermic needles with a prescription. In accordance with N.J.S.A. 2C:36-2, it is a disorderly persons offense to use drug paraphernalia or possess it with an intent to use it to manufacture, prepare, test, package, or ingest a controlled dangerous substance (“CDS”). Although a N.J.S.A. 2C:36-2 charge typically involves items like bongs, blunt wrappers, bowls, grinders, scales, vials, e-pens, liquid vapor, and pipes, many more things can constitute prohibited drug paraphernalia. Basically, anything that can be used in conjunction with CDS can qualify under 2C:36-2. In order to avoid a conviction for possession of such an item, your attorney will have to demonstrate that there is legitimate doubt concerning the charge as plea bargaining is illegal. Without presenting a viable defense, you will have a record, be fined, lose your driver’s license, and be placed on probation and/or placed in jail for as much as 6 months.
Possession of a Hypodermic Needle In Violation Of N.J.S.A. 2C:36-6
While syringes were once an issue of the past, the rise in heroin use and brought this form of paraphernalia back to the forefront. N.J.S.A.. 2C:36-6 prohibits anyone from possess a needle without a valid prescription. A violation of this law results in a disorderly persons offense and the same penalties that apply under 2C:36-2. What you want to keep in mind is that N.J.S.A. 2C:36-6 requires that the accused have the intent to use the syringe or needle to inject illegal CDS. Circumstantial evidence is often used to establish intent, for example, the presence of residua or a spoon in the area of the syringe.
Both Title 36 charges discussed on this page are eligible for diversion under the conditional discharge program. There are numerous conditions to admission into the program. If you are eligible, you may avoid a criminal conviction and have your offense dismissed subject to staying clean for 6 months to 3 years.
Florence Township Drug Paraphernalia Lawyer
An arrest or charge for possession of drug paraphernalia or a syringe is clearly nothing to underestimate. Your life can be severely affected if you are convicted of this offense. Our attorneys can assist you in avoiding a negative outcome and almost always escapes any license suspension in paraphernalia cases. We handle these matters in Chesterfield, Delanco, Pemberton, Southhampton, Willingboro and other municipal courts in Burlington County. To discuss the facts of your case and what we think we can do to help you, call our Mount Laurel Office at (856) 234-8900.