New Jersey has mandatory minimum penalties for the non-medical use of marijuana.

Possession of marijuana under 50 grams is considered a disorderly person’s offense. It can carry a penalty of up to 100 hours of community service and, if the crime occurred within 1000 feet of a school, additional penalties may be imposed. If you possess over 50 grams of marijuana, this is considered a felony and can carry a prison sentence of up to 18 months and up to a $25,000.00 fine. A conviction stemming from marijuana possession can tarnish your permanent record and have life-altering consequences.

The degree of offense and penalties associated with a drug charge can vary depending on other factors. If you are charged with drug trafficking of any of the above-referenced narcotics, you may be subject to harsher penalties.

If you have been arrested for drug possession, drug trafficking or distribution, or drug manufacturing, contact the Law Offices of Ravi Shah, LLC. for a free consultation with our experienced and effective legal team.

How to get a Distribution or Possession Charge Dismissed

If you are facing a possession charge, there are a few ways to get it dismissed and it is important to consider the various legal defenses. Here are four strategies that could potentially lead to a dismissal:

1. Challenge the Legality of the Search: The Fourth Amendment protects individuals from unreasonable searches and seizures. If the search that led to the discovery of drugs was conducted unlawfully, the evidence may be not allowed at trial.

2. Dispute the Possession: If the State can’t prove, beyond a reasonable doubt, that you had actual and constructive possession of the drugs, the case may be dismissed. Actual possession means the drugs were found on your person or in an area exclusively under your control, while constructive possession applies when drugs are found in an area controlled by multiple individuals. We can challenge the state’s ability to prove your intent to control those drugs.

3. Question the Substance’s Legality: The prosecution must establish that the substance in question is an illegal drug. Usually, a certified lab report is used as evidence, but you can challenge the report by raising timely objections and questioning the lab’s procedures or findings. If the validity of the lab report is undermined, it could lead to a dismissal of the case.

4. Raise Discovery Violations or Entrapment: You have the right to access all evidence held by the prosecution. If the prosecution fails to provide you with all of the evidence to be used against you, your case may be dismissed. Additionally, if you can demonstrate that you were entrapped by the police, or that you were coerced into committing a crime that you would have never committed, entrapment may serve as a viable defense.

Distribution and Possession offenses vary greatly between the quantity and the facts surrounding the case. You need an attorney that has experience with all of them. Contact the Law Offices of Ravi Shah, LLC. for a free consultation. Our legal team will diligently work with you to prepare quality legal strategies to get you the best possible outcome. Contact us today.