Drug Paraphernalia Charges under NJSA 2C:36-2
Drug Crime Defense Lawyers with offices in Hackensack, New Jersey
The drug charge defense lawyers at the Tormey Law Firm LLC recently represented a client charged with possession of drug paraphernalia under N.J.S.A. 2C:36-2. This is known as a disorderly persons offense in NJ which is punishable by up to 6 months in the County Jail, up to a $1,000 fine, possible probation, and a driver’s license suspension of 6 months – 2 years. This charge arose out of North Arlington, New Jersey in Bergen County so the case was handled in the North Arlington Municipal Court.
Our client had no prior criminal history and the alleged drug paraphernalia that was found in his motor vehicle was a pipe with marijuana residue in it. However, the State could not produce a positive lab report showing that it was in fact marijuana. As a result, it is impossible for the State to prove that the pipe was used for drugs as opposed to tobacco which is legal. Based on these evidential issues, the municipal prosecutor agreed to amend the criminal charge to a local ordinance violation which resulted in a fine and no criminal history.
This was crucial for our client who had multiple professional licenses including his CPA and his serious 7 license which could have been severely impacted if he was convicted of this criminal offense and it ended up on his permanent record.