Tormey Law Firm Beats Marijuana Possession Charges in Bloomfield, NJ
Marijuana Possession Attorneys in Bloomfield, NJ
A conviction for possession of marijuana in New Jersey is a big deal because it can result in severe penalties. As set forth by N.J.S.A. 2C:35-10(a), possession of less than 50 grams of marijuana is disorderly persons offense (misdemeanor) that is punishable by up to six months in county jail, a $1,000 fine, driver’s license suspension, and a permanent criminal record. That’s why it is imperative that anyone charged with possession of marijuana in Bergen County, Essex County, or anywhere else in New Jersey have an experienced criminal defense attorney on their side throughout the legal process.
Lab Reports in Bloomfield Drug Cases
In drug possession cases, the State has a high threshold when it comes to proving its case against the defendant. As a defendant charged with possession of marijuana in NJ, you are entitled to receive proof from the State that the substance you possessed was actually marijuana. This means that the State will need to provide a verified laboratory report, based on scientific analysis, that shows that the substance you had in your possession was, in fact, marijuana. These tests are typically conducted at the NJ State Police laboratory.
The lab report in a drug possession case usually needs to be provided within three months of receiving a specimen. The lab is overworked, though, so sometimes it takes much longer for the defendant to receive the lab report on the specimen in their case. When this happens, it may be possible for a knowledgeable criminal defense attorney to get the case dismissed on the basis of the defendant’s right to discovery and a speedy trial.
In the recent case defended by the Tormey Law Firm in Bloomfield Municipal Court, the defendant was formally charged with possession of marijuana in July 2016. Between August 2016 and December 2016, the criminal defense attorneys with the Tormey Law Firm appeared at the Bloomfield Municipal Court four times. Each time, the attorneys asserted the client’s right to have the lab report prior to deciding how to proceed with the case. Since the NJ State Police failed to provide the lab report within a reasonable timeframe, the court ultimately dismissed the case against the client.
Expungement of a Marijuana Possession Charge in Bloomfield, NJ
If you were arrested for possession of marijuana and then the charges were later dismissed, the record of your arrest will remain on your permanent record. Fortunately, NJ law provides you with an opportunity to get the arrest record expunged. Moreover, you will be eligible to immediately apply for expungement. As set forth by N.J.S.A. 2C:52-6, “wherein a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation under the laws of this State or of any governmental entity thereof and against whom proceedings were dismissed, or who was acquitted, or who was discharged without a conviction or finding of guilt, may at any time following the disposition of proceedings, present a duly verified petition to the Superior Court in the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged.”
Need an Attorney for Bloomfield Marijuana Case
The experienced marijuana defense attorneys at the Tormey Law Firm are prepared to help you fight marijuana possession charges in Bloomfield and get the record of your arrest expunged. If you have been charged with possession of marijuana anywhere in Essex County or New Jersey, or if you recently had a marijuana possession case against you dismissed, contact the Tormey Law Firm today for a free consultation.