Sussex County Marijuana Lawyers
Handling Marijuana and Drug Paraphernalia Charges in Frankford Joint Municipal Court
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The Sussex County drug defense lawyers at the Tormey Law Firm recently achieved dismissal of traffic violations and disorderly persons offenses in Frankford Joint Municipal Court. Our client was pulled over for speeding on Route 15 in Lafayette Township and the State Troopers noticed the odor of raw marijuana. Pursuant to New Jersey’s search and seizure law, the trooper lawfully searched the motor vehicle and located a glass pipe with suspected marijuana residue and a small plastic bag with suspected marijuana. But after four court appearances, the prosecution still had not provided the evidence that was necessary to prove beyond a reasonable doubt that our client had committed the alleged offenses and the court agreed with our argument that because of the failure to produce all necessary and relevant evidence, the case should be dismissed. Then, our client walked out of court without any criminal record.
In this case, our client was issued a speeding ticket pursuant to R.S. 39:4-98, a ticket for the possession of a controlled dangerous substance in a motor vehicle pursuant to R.S. 39:4-49.1, and a complaint-summons for two disorderly persons offenses: possession of less than 50 grams of marijuana under N.J.S.A. 2C:35-10(a)(4) and possession of drug paraphernalia pursuant to N.J.S.A. 2C:36-2. Generally, disorderly persons offenses are punishable by up to a $1,000 fine and six months in jail; however, there are also mandatory Drug Enforcement Demand Reduction (DEDR) penalties for disorderly persons drug offenses in the amount of $500.00 as well as the suspension of the defendant’s driver’s license for six to twenty-four months, which can only be waived for circumstances of extreme hardship. However, the motor vehicle violation of possessing drugs in a car carries separate penalties.
According to R.S. 39:4-49.1, no person shall operate a motor vehicle on any highway while knowingly having in his possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the New Jersey Controlled Dangerous Substances Act, or any prescription legend drug, unless the person has obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance. The statute further sets forth that a person who violates this section shall be fined not less than $50.00 and shall forthwith forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction.
Now, the client has no criminal record. However, there is an arrest record because he was fingerprinted and processed. Because the case was dismissed entirely, the client is now eligible to file an expungement immediately to remove the arrest from his permanent record.
Arrested for Marijuana, Drug Paraphernalia in Sussex County? Call Us
The bottom line is that the punishments for possessing drugs in a car are severe in New Jersey and if you are facing charges for the possession of any controlled dangerous substance in a motor vehicle, the defense team at the Tormey Law Firm is available 24/7 to help. With decades of combined legal experience in municipal and superior courts throughout New Jersey, the criminal defense lawyers at the Tormey Law Firm are always ready to fight for the best possible outcome for clients.