Legal Question in Criminal Law in New Jersey

N.J.S. 2c 35-10a(4)

I just turned 18, and was caught with marijuana (a dime[$10 worth]). I was very cooperative in the station and gave them information, the cop told me he would do all that's possible to help me out. This is my first time ever being in trouble with the law, what are the possible punishments?


Asked on 6/16/09, 10:42 am

5 Answers from Attorneys

Kenneth Vercammen,Esq. Kenneth Vercammen

Re: N.J.S. 2c 35-10a(4)

The Municipal Courts of New Jersey have jurisdiction to hear the following drug-related offenses:

NJSA 2C:5-10(a)(4), possession of 50g or less of marijuana or 5g or less of hashish;

NJSA 2C:35-10(b), using or being under the influence of CDS;

NJSA 2C:35-10(c), failure to deliver CDS to police;

NJSA 2C:36-2, possession of drug paraphernalia

Violation of these statutes constitute disorderly person offenses. If convicted, the court may impose a $500.00 Drug Enforcement Reduction penalty and a $50.00 lab fee for each CDS charge. The court has discretion to fine a defendant up to $1,000 and/or incarceration for up to six months. The $50.00 VCCB penalty also must be imposed.

Moreover, the court must suspend the defendant's driver's license for a time period between six months and two years. In addition, probation for up to two years, drug counseling, periodic urine testing, alcohol and/or psychiatric counseling and community service may be imposed.

If you elect to initially plead not guilty, your attorney will send a discovery letter/letter of representation to both the Municipal Prosecutor and the Municipal Court Clerk. If you have a drug problem, it is recommended that you attend a substance abuse treatment programs to seek help for any addiction. Proof of attendance of such a program is of benefit at sentencing or in obtaining an application for conditional discharge.

To read entire article, go to http://www.njlaws.com/marijuana.htm

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Answered on 6/22/09, 4:59 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: N.J.S. 2c 35-10a(4)

If you get a good attorney, you should be able to walk away from this with just fines and no other record or punishment. Call me at 732/247/3340 to discuss.

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Answered on 6/16/09, 11:47 am
david bildner bildner law firm

Re: N.J.S. 2c 35-10a(4)

This is what is called a disorderly persons offense. That means that you could get 6 months in jail, a $1000 fine, a 6-24 months license suspension, and a record.

Since you have a good record, a lawyer should be able to work out a deal for no jail, no license suspension and no record of a conviction.

Call if you want to discuss it further or if you want some help. 877/688/3879

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Answered on 6/16/09, 12:41 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: N.J.S. 2c 35-10a(4)

This is a criminal charge and you will have a criminal record if you are convicted. You are facing up to six months in jail, over $1,000.00 in fines, and up to two years loss of your driver's license. If you want to see if there is any way to try and win this case outright then you definitely need to hire a lawyer. If you want to just get the best deal, then you may or may not need one. As an 18 year old I would recommend that you at least talk with an attorney before going to court, and strongly consider hiring one to help you. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 6/16/09, 12:52 pm
Michael Berman Law Offices of Michael A. Berman

Re: N.J.S. 2c 35-10a(4)

Where did this happen??

Please write back.

Mike

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Answered on 6/16/09, 8:26 pm


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