Criminal Law: January 2010 Archives

January 28, 2010

Even Minor Drug Possession Charge Can Lead to Costly Fines and Jail

New Jersey law imposes fines and possible incarceration for those convicted of possessing even small amounts of marijuana, drug paraphernalia, or being under the influence of drugs.

A violation for possession of 50 grams or less of marijuana is considered a disorderly persons offense allowing jurisdiction in municipal courts. Even though the matter may be handled at the municipal level, it is important to understand the consequences.

Such a conviction can result in fines of up to $1,000, penalties and fees of over $500, up to six months in jail, and suspension of driving privileges for up to two years. In addition, if the violation occurs within 1,000 feet of a school, there is a mandatory 100 hours of community service on top of any sentence handed down by the court.

There are ways to fight such a violation. As with all criminal cases, the State has the burden to prove its case. And while it may not be possible to win an acquittal in all cases, it is important to understand the range of sentencing options that a municipal court judge may impose.

It is also important to keep in mind that it may be possible to expunge prior convictions from your record. Depending on the circumstances, a person may petition the court to have his or her record expunged. If granted, all records would be removed; however they could still be used in the future for a limited number of purposes including bail or parole hearings, or sentencing.

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