New Jersey Marijuana Possession Crimes

New Jersey Marijuana Possession Crimes





Marijuana possession is the number one criminal offense that clogs New Jersey county and municipal courts. According to the New Jersey State Police, there were almost 29,000 drug arrests in New Jersey in only the first six months of 2007, twice more than drunk driving arrests statewide, most of them for marijuana possession. Nationwide, marijuana use is on the rise and so are arrests for marijua
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na possession. According to the FBI report, in 2006 there were an estimated total of 1,889,810 state and local arrests for drug abuse violations in the United States of which 39.1% were for marijuana possession. That makes it almost 737,000.





People smoke pot in all parts of the county, but it is how states treat marijuana possession that makes all the difference. Many states, including New York and California, don't view simple marijuana possession as the end of the world crime and most first-time offenders will get away with having the charges dismissed and paying a small fine. The penalty of first-time possessing of less than 25 grams of marijuana in New York is $100. It 's $200 for the second time. Otherwise, half the state will end up in jail.





Not so in New Jersey. Under N.J.S.A. 2C:35-10, marijuana possession is prohibited and penalties depend on either or all of the following: (1) type of possession (possession with intent to distribute or not), (2) quantity of the drug in possession, and (2) whether it is the first, second, or third offense.





If you're caught with more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish, you may be charged with a crime of the fourth degree, and you could get up to 18 months in jail and pay a fine of up to $25,000.00. If you are charged with possession of less than 50 grams of marijuana, including any adulterants or dilutants, or five grams or less of hashish, you will face a disorderly person's offense charge that in the worst case scenario may get you up to 6 months in jail and a $1000 fine. You could also lose your drivers license and pay for your own rehabilitation program.





First time marijuana possession offenders in New Jersey could benefit from any of the two diversion programs, the Conditional Discharge authorized by N.J.S.A. 2C:36A-1 or the Pre-Trial Intervention Program (PTI). Under the conditional discharge law, basically, you have one chance to have your petty disorderly persons marijuana offense conditionally discharged if you qualify. How do you qualify? Your attorney should show that (1) your continued presence is not a danger to the community, which means convincing the court that no lock up or rehab is needed, (2) that the program's supervision will correct any drug problems you have, and (3) this is your first application to the program or to Pretrial Intervention ("PTI").





If you qualify for the conditional discharge program, the case will be suspended for a year and then, assuming you stay clean, it is dismissed. There will be no trial, no criminal record, and usually no suspension of your driver's license. After the case is dismissed, you may expunge the arrest records.





If you fail to satisfy the program conditions, the case will be restored on the court's calendar and then you will need your lawyer's phone number again. After the year's probation period, you will not have a criminal record





How the case will proceed largely depends on the prosecutor. The prosecutor may agree to downgrade your case as a disorderly persons offense and it would proceed in Municipal Court and would be eligible for Conditional Discharge. Otherwise, the case will go to the county court where you will be charged with a Fourth Degree Offense but may qualify for PTI.





Even with the existing first-timers diversion programs, traditional defense methods may be used such as evidence suppression under Search and Seizure laws. As simple as it may seem, a New Jersey marijuana possession charge may be gone for good or it may stick to you for a long time. The bottom line is, don't try it yourself. You will need a good New Jersey marijuana defense lawyer who will walk you through the process

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The Alex Jones Show LIVE - April 8th 2011 - Part 6 of 12

Alex talks with Bruce Fein, a Libertarian lawyer, a former official in Reagan administration's Department of Justice, and chairman of American Freedom Agenda. Mr. Fein has drafted an article of impeachment against Obama over his unconstitutional attack on Libya. ""Barack Hussein Obama has mocked the rule of law, endangered the very existence of the Republic and the liberties of the people, and perpetrated an impeachable high crime and misdemeanor," he writes. Alex also talks with regular Friday guest Bob Chapman of the International Forecaster on the economy and sundry issues. Alex covers the latest news and takes your calls.



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Criminal Business Investigations

As per a survey, it is a common notion amongst most traders, business owners, and executives that since they are good ethical people, who try & do their best to follow all constitutional norms and stick to legislative laws & rules they are impervious from the worries of criminal business investigations and issues. However, there are small yet crucia
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• Making a mistake on an appliance for a federal grant, funding, certification, or official

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Chinese Dissident's Wife Beaten by Police

A prominent activist in Shandong Province named Chen Guangcheng has been outspoken in opposing the Chinese regimes policy of forced abortion. Hes been thrown in jail, and now his wife, Yuan Weijing, is also being targeted by communist authorities. Rights activist Chen Guangcheng is behind bars in a Chinese prison for standing up for locals who have been persecuted by the Communist Party. Soon after police began showing up at his home, keeping a close eye on his wife, not allowing her to leave of her own free will. On Saturday Yuan Weijings brother-in-law died in a car accident. When she heard she wanted to go to her mothers house to mourn. But the police wouldnt let her go. [Yuan Weijing, Chen Guangchengs Wife]: I think the most inhumane thing is that I told them about my family situation, but they still stopped me, and then they laughed loudly, laughed so hard. I could not bear that. When Yuan tried to reason with them they turned violent. [Yuan Weijing, Chen Guangchengs Wife]: Physical pain, I think I can endure that, but the mental pain, I really cannot endure it. It is because I lost a loved one. They do not even let me see my sister to comfort her, and my mother. I really feel very sad. Yuan called Beijing-based human rights lawyer Teng Biao for help. But there was little he could do. [Teng Biao, Human Rights Lawyer]: These guards have already committed the crime of illegal detention. I tried to communicate with the departments in charge but it was no use. Yuan ...



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