Jersey City NJ Drug Paraphernalia Attorneys
Often times when individuals are caught in possession of a controlled dangerous substance, they also are carrying some device used to consume and/or inject that drug. These devices or conduits are criminally known as drug paraphernalia. Whether it is a pipe, bong, syringe or even a scale, the officer may file charges for possession of drug paraphernalia in addition to the possible marijuana possession, heroin distribution or possession of Oxycontin with the intent to distribute charges. Specifically, drug paraphernalia charges involve the instruments and materials typically used to produce or consume a controlled dangerous substance, controlled substance analog or toxic chemical in violation of N.J.S.A. 2C:35-2. As types of CDS consumption devices evolve, so too will the legislature’s criminalization of these devices. A drug paraphernalia charge is a disorderly persons offense in Hudson County and carries a penalty up to six (6) months of incarceration and up to $1,000.00 fine. The Law Office of Jonathan F. Marshall has been defending individual’s charged with drug paraphernalia possession charges in towns like North Bergen, Kearny, Weehawken, Jersey City, Harrison, West New York and Union City for over fifteen years. Our team of Jersey City, New Jersey drug paraphernalia defense attorneys are prepared to aggressively fight to protect your freedom. For more information, please contact our Jersey City office directly at (201) 309-1800 for a free initial consultation.
Hoboken NJ Drug Paraphernalia Possession Lawyers
As is the case with other crimes, the State is required to prove certain elements beyond a reasonable doubt before a judge may enter a guilty conviction for possession of drug paraphernalia. Legally, to be convicted of a crime for drug paraphernalia under N.J.S.A. 2C:36-2, the State must prove 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.”
The courts are permitted to look at various things to determine whether or not the object found on the defendant was intended for drug use. Typically, these include: 1) any statements by an owner or by anyone in control of the object concerning its use; 2) the proximity of the object of illegally possessed controlled dangerous substances, controlled substance analogs or toxic chemicals; 3) the existence of any residue or illegally possessed controlled dangerous substances, controlled substances, controlled substance analogs or toxic chemicals on the object; 4) direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of this act; 5) the innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use as drug paraphernalia; 6) the instructions, oral or written, provided with the object concerning its use; 7) descriptive materials accompanying the object which explain or depict its use; 8) national or local advertising whose purpose the person knows or should know is to promote the sale of objects intended for use as drug paraphernalia; 9) the manner in which the object is displayed for sale; 10) the existence and scope of legitimate uses for the object in the community; Lastly, 11) expert testimony concerning its use.
Possession of drug paraphernalia is a specific intent crime. As such, the Municipal or County Prosecutor is required to prove that the defendant had the specific intention of using the alleged “drug paraphernalia” device for a criminal
Will I go to Prison for Possession of Drug Paraphernalia NJ?
As mentioned above, possession of drug paraphernalia is a disorderly persons offense. Therefore, unless accompanied by other indictable charges, this offense will be handled by the municipal court in which the offense took place. If convicted, the defendant faces up to six (6) months of incarceration in the Hudson County Jail, along with a $1,000.00 fine. Moreover, a conviction may carry a two (2) year driver license suspension. As a drug related offense, a defendant may be eligible for a conditional discharge. Please see our page relating to conditional discharges for an in-depth discussion of how you may be able to walk away from your drug charges without any resulting criminal record.
Bergen County NJ Drug Possession Lawyer
The Law Office of Jonathan F. Marshall is an experienced Hudson County NJ drug defense attorney. Our office is comprised of eight Jersey City, NJ criminal defense attorneys, including four former prosecutors. We have the experience to successfully represent your interest. If you would like a free initial consultation with any one of our eight Hudson County criminal defense lawyers, please contact our Jersey City office directly at (201) 309-1800.