Atlantic City Marijuana Defense Attorney Challenges the Evidence in Your Marijuana Possession Case
Former State Prosecutor Handles Drug Cases in Atlantic City, NJ
Although many states are now legalizing marijuana, New Jersey is not one of them. In fact, NJ prosecutors are actually cracking down on illegal marijuana use by seeking maximum punishments in these cases. Even if you are caught with a single marijuana joint, you could be looking at serious jail time.
It’s hard to imagine a mistake made today could follow you for the rest of your life. However, when it comes to a criminal conviction for marijuana possession, rest assured you will be facing a permanent criminal record. Additionally, having a drug crime conviction on your record can seriously limit your future job opportunities; technology makes public arrest records accessible at the click of a mouse.
The first step to avoiding conviction is speaking with an experienced attorney. John W. Tumelty is a criminal defense attorney and founding partner of the Law Offices of John W. Tumelty. He has extensive experience handling drug cases throughout New Jersey. For 35 years, he has prosecuted and defended individuals facing drug charges in Cape May and Atlantic counties. A former state prosecutor who served as a Deputy Attorney General with the New Jersey Attorney General’s Office, Division of Criminal Justice, as well as a former assistant county prosecutor who served with the Atlantic County Prosecutor’s Office, Trial Section, he has a unique perspective on criminal defense law. His trial experience in criminal law from both sides of the fence provides him with well-rounded insight into how a prosecutor thinks, giving him a huge edge in your case during negotiations and, if necessary, at trial.
What Are the Penalties for Marijuana Possession in New Jersey?
In New Jersey, simple possession of 50 grams or less of marijuana is addressed by N.J.S.A. 2C:35-10a(4). As set forth by the statute, being caught with a small amount of marijuana is classified as a disorderly persons offense. If you are convicted, you could be sentenced to six months in the county jail and fined up to $1,000. Beyond that, since marijuana is a controlled dangerous substance (CDS), your driver’s license could be suspended for a period of two years. Additionally, marijuana possession charges are often brought in conjunction with drug paraphernalia charges, which can lead to further penalties.
If you are caught with more than 50 grams of marijuana, you could be charged with a fourth degree felony. As set forth by N.J.S.A. 2C:35-10a(3), the punishments for possession of more than 50 grams of marijuana include a possible prison sentence of 18 months and a fine of as much as $25,000.
The collateral consequences of a conviction for marijuana possession include great personal embarrassment, loss of eligibility for federal student financial aid, loss of professional licenses, and a permanent criminal record that can make it difficult to get a job or maintain employment in the future.
John W. Tumelty Employs Advanced Defense Strategies to Beat Marijuana Charges in New Jersey
Most criminal defense attorneys know how to build a defense strategy. Mr. Tumelty’s three decades of defending countless people charged with drug crimes in NJ is evidence of the fact that he knows how to build the right defense strategy for each client. He has the experience and understanding of the law needed to use advanced defense strategies to beat simple possession charges and related charges such as possession of drug paraphernalia.
The prosecutor will need to prove that you had either actual possession or constructive possession of the marijuana. Mr. Tumelty knows how to challenge these assertions and dispute the prosecutor’s theories. Additionally, he will hold the state to the highest possible standards when it comes to following proper procedure in your case. He knows how to raise constitutional issues and contest police search warrants. If the police discovered the marijuana by conducting a warrantless search or if the warrant had evidentiary defects, Mr. Tumelty may be able to get the evidence against you dismissed.
In certain cases, you may be able to avoid a criminal conviction for possession of marijuana by securing admission into a conditional discharge program. Obtaining a conditional discharge of your marijuana possession charge requires you to meet certain eligibility requirements, which a knowledgeable attorney can explain to you. Conditional discharge is a very good thing because it could allow you to avoid a criminal conviction on your permanent record.
If you’ve been arrested for marijuana possession:
- Do not speak with the police or make any admissions before contacting a criminal defense lawyer. The evidence in these cases is often weak, which is why the police will try to get you to incriminate yourself.
- Do not help them build a case against you. Do not sign any documents that they give you. Do not consent to any searches.
- Speak with a lawyer who will be dedicated to protecting your legal rights.
Call John W. Tumelty Today for a Free Consultation with an Experienced New Jersey Marijuana Possession Defense Lawyer
John Tumelty has successfully represented countless clients facing marijuana possession charges throughout South Jersey, including Cape May County and Atlantic County. With offices in the Atlantic City and Ocean City/Upper Township areas, he receives many calls from these areas every day and is constantly communicating with local prosecutors and judges.
You can contact Mr. Tumelty’s day or night at my offices in Marmora and Somers Point, where I am always available for an in-person consultation. You can also fill out the online contact form to schedule an appointment to discuss your case. He works closely with you to determine exactly what happened in your case and craft a defense strategy to help you avoid the most serious penalties.