Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

Available 24/7

609.345.3300

Former Prosecutor

Now Fighting for You

New Jersey Criminal Defense and DWI attorney
who knows how to navigate the local courts

FORMER PROSECUTOR

NOW FIGHTING FOR YOU.

New Jersey Criminal Defense and DWI attorney who
knows how to navigate the local courts.

RECENT DWI & CRIMINAL DEFENSE RESULTS

STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — “NOT GUILTY” VERDICT

Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found “not guilty” of all charges.

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for Over 30 years

Other areas we serve

Top DWI/DUI Myths

Top DWI/DUI Myths

If you’re facing a DWI or DUI charge in New Jersey, you’ve probably heard several myths about your rights or what to do now that you’re charged with drunk or otherwise impaired driving. This post addresses some of the top DWI/DUI myths:Continue Reading

Juveniles Tried As Adults

Juveniles Tried As Adults

If an individual younger than 18 years old commits a crime in New Jersey, it is called a “juvenile crime.” The minor individual may face legal consequences in a New Jersey juvenile court.Continue Reading

New Jersey 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 30 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.

Free Consultation 24/7

Nights & Weekends

Free Consultation

Free Consultation

Atlantic County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1 S. NEW YORK AVENUE, SUITE 212
ATLANTIC CITY, NJ 08401

609.345.3300

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1616 PACIFIC AVENUE, SUITE 318
ATLANTIC CITY, NJ 08401

609.385.4010

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1555 ZION ROAD, SUITE 203
NORTHFIELD, NJ 08225

609.435.1435

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786

Areas We Serve

Atlantic County Offices

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786 Get Directions

Seasoned criminal defense lawyer John W. Tumelty has three conveniently located offices in Atlantic City, Somers Point and Marmora, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Cape May, Dennis Township, Egg Harbor Township, Galloway Township, Hamilton Township, Hammonton, Linwood, Lower Township, Margate, Middle Township, Northfield, Ocean City, Pleasantville, Sea Isle City, Somers Point, Stone Harbor, Upper Township, Ventnor and Wildwood.