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Possession of Drug Paraphernalia

Charged with Possession of a Pipe, Empty Bags, Scale, Grinder or Other Drug Paraphernalia

When the police discover a pipe, scale, grinder or another item typically associated with ingestion of a controlled dangerous substance (“CDS”), you can expect a drug paraphernalia charge to be issued. While this is a disorderly persons offense falling under municipal court jurisdiction, a conviction results in a criminal record, fines and mandatory driver's license suspension. If you are facing a charge in Seaside Heights or another Ocean County town for possession of drug paraphernalia, you probably have a significant chance of avoiding these penalties if you hire a highly experienced criminal lawyer. The reasons we say this is because the attorneys at Law Offices of Jonathan F. Marshall have a long history of escaping the pitfalls of a drug paraphernalia offense in Toms River, Stafford, Brick, Point Pleasant Beach, Lacey, Ocean Township, Manchester and Jackson. To speak to Matthew Dorry, an attorney who is the former prosecutor of approximately 15 municipalities in Ocean County or another member of our staff, contact our Toms River Office at (732) 286-6500. Your initial consultation with a lawyer is free of charge.

How Is “Drug Paraphernalia” Defined Under 2C:36-2?

An item is considered drug paraphernalia under N.J.S.A. 2C:36-2 if its use or intended use involves controlled dangerous substances (“CDS). The term includes, but is not limited to, materials or equipment used to grow, manufacture, package, or ingest CDS in violation of the NJ Criminal Code. Particular items commonly considered to be drug paraphernalia are set forth under N.J.S.A. 2C:36-1 and include pipes, bongs, spoons, vials, envelopes, scales, sifters and grinders.

Will You Have a Criminal Record if Convicted of Possession of Drug Paraphernalia?

Yes. If you are found guilty of a violation of N.J.S.A. 2C:36-2 it results in a 2C criminal record which will be revealed whenever an employer, bank, or other entity performs a criminal background check.

Is Plea Bargaining Permitted in Drug Paraphernalia Cases?

Since a drug paraphernalia charge falls under the category of a drug offense, plea bargaining is prohibited. As a result, the only way to avoid a conviction is to successfully present a legal issue that defeats the offense. Examples of potential issues include failure on the part of police to conduct a valid stop or search, lack of actual or constructive possession, or lack of knowledge of the existence of the paraphernalia. A judge has no ability to accept an downgrade or dismissal of a possession of drug paraphernalia offense absent a valid legal issue that raises reasonable doubt concerning the state’s ability to prove the charge.

How Does the Prosecutor Prove a Paraphernalia Violation?

There are three (3) elements that must be established by the prosecutor to prove a charge of use or possession of drug paraphernalia. First, the state must establish that the item was “drug paraphernalia”. Second, the item must have been used or possessed for use in conjunction with drugs. Third, the drug and/or drug activity associated with the item must be illegal. Each and every one of these elements must be proven, beyond reasonable doubt.

What Are the Penalties If You Are Convicted of Violating 2C:36-2?

As previously stated, a conviction results in a criminal record. In addition, New Jersey Law imposes a mandatory drivers license suspension of between 6 months and 2 years, up to 6 months in the county jail and a fine as high as $1,000.

Ocean County NJ Drug Paraphernalia Lawyer

As it is undoubtedly now evident to you, a drug paraphernalia charge can have much more of an impact on your life than you probably anticipated. A conviction will leave you with a driver’s license suspension and, probably worse yet, a lasting criminal record that can effect your ability to secure employment, apply for a professional license or even maintain your immigration status. For these reasons, you need to select the right lawyer to represent you. Our team of knowledgeable attorneys and former prosecutors routinely appear in municipal courts throughout Ocean County including those previously mentioned like Lacey, Brick, Seaside Heights, Toms River, Point Pleasant Beach, Ocean Township, Stafford, Manchester and Jackson. To speak to a highly accomplished drug paraphernalia defense attorney at Law Offices of Jonathan F. Marshall, call (732) 286-6500. One of our lawyers is available 24/7 to assist you.

Law Offices of Jonathan F. Marshall, 10 Allen St #2D, Toms River, NJ 08753, represents clients charged with possession of drug paraphernalia throughout Ocean County, including in the municipal court of Toms River, Point Pleasant Beach, Seaside Heights, Jackson, Stafford, Brick, Manchester, Lacey and Ocean Township.

Related Resources That Can Be Found on This Site

Possession of a Hypodermic Needle or Syringe

Possession of 50 Grams or Less of Marijuana

Possession of CDS in a Motor Vehicle

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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