Morristown NJ Hypodermic Needle Possession Lawyer
Drug Charges Defense Attorneys in Morris County, New Jersey
If you or a loved one has been charged with Possession of a Hypodermic Needle or Syringe, you could be facing serious consequences, including prison time. Having an aggressive, experienced defense lawyer to guide you through the legal process is invaluable.
The Tormey Law Firm represents clients throughout Morris County and New Jersey that have been charged with drug crimes in Parsippany, Mount Olive, Roxbury, Denville, Boonton, and Morristown. Our criminal defense attorneys have successfully handled thousands of cases in New Jersey, in Superior Court and Municipal Court. Our managing partner, Travis J. Tormey, has extensive experience representing clients facing drug charges, including possession of heroin, possession of marijuana, prescription fraud, and cocaine distribution.
Being charged with possession of a hypodermic needle or syringe can have serious consequences. If you are arrested for this or another drug crime in Morris County or elsewhere in New Jersey, contact the Tormey Law Firm in Morristown today to schedule a free consultation about your case. You can reach us at 866-949-6948, or you can use our online contact form.
Possession of a Hypodermic Needle or Syringe in New Jersey
Under New Jersey law, N.J.S.A. 2C:36-6 sets forth in its pertinent part:
It shall be unlawful for a person to have under his control or possess with the intent to use a hypodermic syringe, hypodermic needle or any other instrument adapted for the use of a controlled dangerous substance or controlled substance analog or to sell, furnish or give to any person such syringe, needle or instrument. Any person who violates this section is guilty of a disorderly persons offense.
A disorderly persons offense is punishable by a maximum of 6 months in the county jail. In addition, a conviction for a disorderly persons drug-related offense carries with it certain mandatory fines, including a $500 Drug Enforcement Demand Reduction (DEDR) penalty and a $50 laboratory fee.
Affirmative Defense to Possession of a Hypodermic Needle or Syringe
As of July 15, 2012, S-958 into law as P.L. 2011, c.183 went into affect. The law allows any person over 18 years of age, who presents valid photo identification, to purchase up to 10 hypodermic syringes or needles from a licensed pharmacy without a prescription. Any person who purchases a hypodermic syringe or needle pursuant to the new law and sells that needle or syringe to another person is guilty of a disorderly persons offense. This new law creates an affirmative defense to any criminal action arising under Chapter 34 of Title 2C for possession of a hypodermic syringe or needle that the item was obtained pursuant to the law. Under the law, the affirmative defense must be proved by the defendant by a preponderance of the evidence, a lower legal standard then beyond a reasonable doubt.
Contact an East Hanover NJ Syringe Possession Lawyer Today
The criminal defense team at the Tormey Law Firm is prepared to attack the State’s case and put you in a position to achieve the best possible result. We will evaluate the strength of the case against you and any legal issues that may be present. How was the needle discovered? Did you consent to a search? Was the consent valid? Did you give a statement? Were you given your Miranda rights? Was there a valid waiver? Our experience in handling these very issues gives us the tools necessary to fight aggressively for you.
If you or a loved one has been charged with Possession of a Hypodermic Needle or Syringe, there can be serious consequences associated with a conviction. Don’t delay in hiring legal representation. Protect your freedom and your rights. Contact the Tormey Law Firm at 866-949-6948 for a free consultation. A member of our Morris County drug defense team will be happy to answer any questions you have and provide you with an honest assessment of your case.