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Are There Any Laws Addressing Drug Paraphernalia In New Jersey?


Drug Paraphernalia under 39:36-2 criminalizes any items that may be used to propagate the use of drugs. Drug Paraphernalia is as extensive as the imagination of the police but includes.

  • Straws
  • Baggies
  • Rolling paper
  • Grinders
  • Volcanos
  • One hits
  • Folds
  • Syringes
  • Rubber bands

Can Police Execute The Search Of Automobiles Or A Home Without A Warrant If There Is A Suspicion Or Probable Cause Of Drugs Being On The Premises Or In The Car?

As a result of a recent case State v. Whitt, police may search your car based on probable cause. That can include the smell of marijuana. Police may never search a home without the owner’s consent or a warrant.

As A Passenger In A Motor Vehicle Or Someone In A Place Where Drugs Are Found, Can I Also Receive A Drug Related Charge?

A passenger in a vehicle where drugs are suspected can be removed from the vehicle and searched. If drugs are found they can be charged as a joint possessor of the drugs.

What Is The General Timeline Of A Drug Related Case In Your State?

The State Police laboratory is extremely behind schedule. As a result, it is common that a case of possession of marijuana can take 6 months or more before lab results are received. In many cases, it is possible to have charges dismissed due to the State Police lab delays.

Do Most Drug Related Cases End Up Going To Trial?

Most cases result in dismissal, a diversion or a plea. As with other areas of criminal law it is rare that a case goes to trial. Trials are lengthy, expensive and expose a defendant to the most serious charges. Most issues in a drug possession case can be dealt with through motion practice. The result of the motion practice will weaken the case of one side and provides motivation for resolution.

What Are The Penalties For Drug Convictions In Your State?

2C:35-10A(4) is possession of marijuana under 50 grams is statutorily handled as a Disorderly Persons offense in the Municipal Court with a sentence range of up to 6 months in County Jail and 2 year license revocation. All other drug possession charges are under the jurisdiction of the Superior Court as criminally indictable offenses, aka Crimes. Crimes (for heroin, cocaine, etc.). Those matters are graded as 4th -2nd degree crimes. A 4th Degree crime caries up to 18 months in prison, 3rd Degree carries 3-5 years in prison, 2nd degree carries 5-10 years in prison. All Criminal drug possession cases carry a license suspension and fines of $1,000-$25,000 and a suspension of driver’s license.

Are There Any Alternative Programs Available For First Time Offenders?

A first time offender will be eligible for either pre-trial intervention of a conditional discharge depending on the court. Each provides that charges will be dismissed if the first time offender can stay arrest free for a set period of time (usually 12 months) and periodically submit to a clean drug test.

What Sets Your Firm Apart In Handling Drug Cases Specifically?

I am a member of the National College for DUI Defense and deal exclusively with cases involving drugs and alcohol. My training includes not simply the legal and police procedural schemes, but also the scientific underpinnings of the tests both in the field and the laboratory. Our firm is respected by the courts and prosecutors based on our demonstration of that knowledge.

For more information on Drug Paraphernalia Laws In New Jersey, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (908) 210-9755 today.

The Law Offices of James A. Abate LLC

Get your questions answered – call me for your free, 20 min phone consultation (908) 210-9755

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