Drug paraphernalia is a very common charge in New Jersey because it can be basically any object which helps ingest, smoke, hold, or produce any illegal drug. So obviously this can mean anything from rolling papers and roach clip to a plastic bag containing drugs. For this obvious reason, drug paraphernalia charges are normally accompanied by companion charges such as possession of marijuana, cocaine, or heroin. Although many defendants try to rationalize that a drug paraphernalia charge is less serious than an actual possession crime, the law sees it differently. A conviction of drug paraphernalia will result in a permanent criminal record which can hinder employment opportunities, especially in today’s market. Our law firm defends clients for drug paraphernalia throughout New Jersey including Union Township, Elizabeth, Cranford, Scotch Plains, Plainfield, Linden, and Rahway. If you would like to speak with an experienced drug paraphernalia lawyer please contact our Cranford office at (908) 838-0150.
NJ Drug Paraphernalia 2C:36-2 Statute
The crime of drug paraphernalia is governed by a broad New Jersey statute which has been provided below for your reading convenience:
§ 2C:36-2. Use or possession with intent to use, disorderly persons offense
It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title. Any person who violates this section is guilty of a disorderly persons offense.
As the above statute describes, possession of drug paraphernalia is considered a disorderly persons offense – also known as a misdemeanor –is punishable by up to 6 months in jail, probation, loss of driver’s license, and thousand dollar fine.
Roselle Park Drug Paraphernalia Defense Lawyers
Drug paraphernalia is actually considered a drug charge even though no drugs may actually be found at the time of arrest and therefore the state takes a hard stance and will not offer plea bargaining. Drug paraphernalia charges often have complicated issues that must be litigated in court by an experienced criminal defense attorney. For example, there is often suppression issues such as an illegal search or seizure and, moreover, the prosecutor may not be able to effectively prove criminal intent beyond a reasonable doubt. Moreover, a criminal lawyer can help ascertain and eligibility and acceptance into a Conditional Discharge program to get your charges ultimately dismissed. William A. Proetta, Esq., has represented thousands of criminal and municipal court charges over the years including numerous drug paraphernalia cases. We defend clients throughout the Union County area including Springfield, Kenilworth, Hillside, Westfield, New Providence and Summit. Call us today at (908) 838-0150 for a free initial consultation with an experienced drug paraphernalia lawyer at our office.
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