Linden City has one of the busiest municipal court’s in Union County, New Jersey. Every year, Linden Police arrest countless people for marijuana possession and related crimes. The majority of petty marijuana arrests result from motor vehicle stops where police pull over a car for speeding and then smell marijuana. If the police search the car and find marijuana then you will be arrested and charged. The most common marijuana charge is Possession of Marijuana under 50 Grams, which is a disorderly persons offense punishable by up to 6 months in county jail. You will be required to appear in Linden Municipal Court to defend these charges.
However, police will normally charge you with Possession with the Intent to Distribute Marijuana, an indictable crime handled in Union County Superior Court, if they find multiple bags of marijuana and drug paraphernalia used for sale of drugs such as a scale and empty bags. The degree of the crime depends on how much marijuana law enforcement confiscates. For instance, if you are found with less than half an ounce of marijuana, you will be charged with a 4th degree crime and face u p to 18 months in prison. If the amount of marijuana is over an ounce but less than 5 pounds then you will be charged with a 3rd degree indictable offense punishable by up to 3 – 5 years in prison. The charge will be upgraded to a 2nd degree if the police find more than 5 pounds but less than 25 pounds, and you will face up 5 – 10 years incarceration if convicted. Lastly, the marijuana charges will be upgraded to 1st degree which carries 10 – 20 years if you have 25 pounds of marijuana or marijuana 50 plants. An experienced criminal attorney can often challenge the State’s case against you including whether there was an actual intent to distribute the drugs and if the weight alleged was in fact accurate. Moreover, these case typically involve legal issues with the search and seizure of the contraband that are best handled by an experienced litigation attorney. At the Law Offices of William A. Proetta, our attorneys have successfully defended clients against hundreds of marijuana charges and related crimes. If you would like to learn more about how we can help you, contact our office today at (908) 838-0150 for a free consultation.