Possession of Drug Paraphernalia in Wall NJ
If you were charged in Wall Township with possession of drug paraphernalia, our attorneys are well suited to defend you. Whether you were caught with a bowl, pipe, grinder, rolling papers, syringe, needle or another item considered drug paraphernalia, we have well over two decades of knowledge defending charges like yours in Wall Municipal Court. Mr. Marshall has even served as fill in prosecutor in Wall Municipal Court in the past. Contact our office for a free initial consultation anytime 24/7 at 732-449-2292. A lawyer at The Law Offices of Jonathan F. Marshall is ready to assist you immediately.
Drug Paraphernalia Charge in Wall Municipal Court
N.J.S.A. 2C:36-2 makes it illegal to possess or use an item to ingest marijuana, heroin or other drugs. Some items have uses other than for consuming CDS or drugs so that a factual determination must be made concerning its intended usage. N.J.S.A. 2C:36-1 sets forth a number of factors that the court can consider in making a determination as to whether something qualifies as “drug paraphernalia” including:
- Statements by the owner or anyone in control of the object concerning its use;
- The proximity of the object to illegally possessed controlled dangerous substances;
- The existence of any residue or illegally possessed controlled dangerous substances on the object;
- Direct or circumstantial evidence concerning the intent of the owner or anyone in control of the object to deliver it to persons whom he knows intend to use the object to facilitate a violation of this law (the innocence of the owner or a person in control of the object does not prevent a finding that the object was intended for use as drug paraphernalia);
- Instructions, oral or written, provided with the object concerning its use, descriptive materials accompanying the object that explain or depict its use;
- National or local advertising whose purpose the person knows or should know is to promote the sale of objects intended for use as drug paraphernalia;
- The manner in which the object is displayed for sale;
- The existence and scope of legitimate uses for the object in the community; and
- Expert testimony concerning its use.
The court must consider all of these factors and make a determination as to whether or not the item was used for consumption or cultivation of marijuana or another drug. If the court concludes that you possessed the item and that it was drug paraphernalia, you will be subject to the penalties for a disorderly persons offense under Title 36. These penalties include a fine of up to $1,000 and a mandatory driver’s license suspension of at least six (6) months.
Drug Paraphernalia Attorney in Wall Township
While individuals often conclude that a conviction for drug paraphernalia is inevitable, this is an inaccurate assessment. Police make mistakes just like everyone else and this certainly isn’t foreign in the realm of search and seizure. It may be that the motor vehicle stop was illegal, probably cause was lacking to search you, your car or apartment, or that the object was not being illegally possessed. Our Wall NJ Criminal Attorneys will dissect your case and contest the stop, search and resulting discovery of the paraphernalia, marijuana, heroin or other drug. A lawyer is prepared to provide his insight immediately at 732-449-2292.