Drug Paraphernalia Charges Dismissed in Morristown, NJ
“In this case, our client had a disorderly persons (misdemeanor) charge for possession of drug paraphernalia under N.J.S.A. 2C:36-2. He could have had a permanent record from this, lost his driving privileges in New Jersey, and even spent time in the Morris County jail. Instead, thanks to Mr. Tormey, the case was completely dismissed.”
Need a lawyer for a drug paraphernalia charge in Morristown? We can help.
The Morris County criminal defense attorneys at our law firm recently accomplished another victory on behalf of a satisfied client: dismissal of criminal charges. In our client’s case, he was in the wrong place at the wrong time and ended up getting charged with possession of drug paraphernalia. Basically, our client was present during the execution of a search warrant that uncovered drug paraphernalia in a common area, resulting in charges against our client due to New Jersey’s constructive possession laws. However, after Mr. Tormey’s zealous advocacy and perseverance, the matter was eventually dismissed and our client walked out of court with a clean slate.
The possession or use of drug paraphernalia is considered a disorderly persons offense in New Jersey and according to N.J.S.A. 2C:36-2, 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. According to the New Jersey’s criminal statutes, specifically N.J.S.A. 2C:36-1(a) through (j), drug paraphernalia includes kits used for planting, propagating, growing, manufacturing, increasing potency, analyzing, weighing, adulterating, cutting, separating, sifting, grinding, blending, and storing controlled dangerous substances. But the most common paraphernalia charges typically are issued pursuant to N.J.S.A. 2C:36-1(k)(1) through (16) for items intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, nitrous oxide or the fumes of a toxic chemical into the human body, such as pipes, bowls, water pipes, carburetion tubes, roach clips, carburetor pipes, chillums, bongs, and one-hitters.
I received a Summons for Possession of Drug Paraphernalia in Morristown – We Can Help
The penalty for a conviction of possessing drug paraphernalia in New Jersey includes up to six months in jail and up to a $1,000 fine. But, New Jersey’s law opens the door to many defenses against paraphernalia cases because pursuant to the paraphernalia statute, the court may consider such facts as the proximity of the object to any illegally possessed controlled dangerous substances, the existence of any residue of illegally possessed controlled dangerous substances, direct or circumstantial evidence of the intent of an owner or of anyone in control of the object, 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, and the existence and scope of legitimate uses for the object in the community when determining whether or not an item is in fact drug paraphernalia. Thus, if you are facing charges for the possession of drug paraphernalia don’t hesitate to contact an experienced drug defense attorney at The Tormey Law Firm to discuss your case and to develop a comprehensive defense strategy at 908-336-5008.