Madison NJ Drug Paraphernalia Possession Lawyer
Defense Attorneys for Drug Charges in Morris County, New Jersey
Being charged with possession of drug paraphernalia can have serious consequences. A drug paraphernalia charge is a disorderly persons (misdemeanor) offense punishable by $1,000 fine, possible probation, a suspension of your NJ driving privileges, and a permanent criminal charge on your record. Drug paraphernalia can be a pipe, bong, needle, plastic baggie, rolling papers, and a wide range of other objects that could potentially be used for drugs.
Having an aggressive, experienced drug defense lawyer to guide you through the legal process is invaluable. The Morris County criminal defense lawyers at the Tormey Law Firm are prepared to attack the State’s case and put you in a position to achieve the best possible result. Our managing partner, Travis J. Tormey, has handled thousands of cases in New Jersey, accumulating experience while defending clients against drug charges such as possession of marijuana, prescription fraud, and cocaine distribution. Another one of our partners, Alissa D. Hascup, is an former Montville Municipal Prosecutor, a former Morris County Assistant Prosecutor, and former Special Deputy Attorney General, who has prosecuted hundreds of indictable and disorderly persons offenses in New Jersey during the course of her distinguished career.
If you or a loved one has been charged with Possession of Drug Paraphernalia in Morristown, Parsippany, Mount Olive, Madison, Rockaway, or elsewhere in Morris County, contact the Tormey Law Firm at (908) 336-5008 for a free consultation, or you can use our online contact form. One of our highly knowledgeable Morris County drug defense attorneys will be happy to discuss your case and potential defense strategies.
Possession of Drug Paraphernalia in New Jersey: N.J.S.A. 2C:36-2
Under New Jersey law, the simple possession of drug paraphernalia is a criminal act and is governed by N.J.S.A. 2C:36-2, which provides, in pertinent part:
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.
What is the Definition of Drug Paraphernalia in NJ?
Federal government Definition of ”Drug paraphernalia” under 21 U.S.C. §.863 (2004).
”Drug paraphernalia” defined:
The term ”drug paraphernalia” means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines into the human body, such as:
- metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
- water pipes
- carburetion tubes and devices
- smoking and carburetion masks
- roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand
- miniature spoons with level capacities of one-tenth cubic centimeter or less
- chamber pipes
- carburetor pipes
- electric pipes (i.e. “Vaporizer Pen”)
- air-driven pipes
- ice pipes or chillers
- wired cigarette papers; or
- cocaine freebase kits
Penalties for Possession of Drug Paraphernalia in New Jersey
The above statute governs criminal charges for possession of drug paraphernalia in New Jersey. This is a disorderly persons offense (known as a “DP”), which will be handled in the local Municipal Court in the municipality in which the alleged crime was committed. Disorderly persons offenses can result in up to six (6) months in the county jail, up to a $1,000 fine, and a permanent criminal charge on your record. This charge also requires a six-month suspension of your driving privileges in the State of New Jersey. A hardship application can be made to avoid the license suspension if good cause can be shown. Additionally, if you have never been convicted of a drug charge in New Jersey or any other state, you are eligible for the conditional discharge program in New Jersey.
Possession of Drug Paraphernalia Charges Dismissed in Morris County NJ
Our managing partner, Travis J. Tormey, has an extensive track record of successfully defending clients against a variety of drug-related charges in Municipal Court, Superior Court, and Federal Court. Mr. Tormey recently represented a client charged with possession of marijuana and possession of drug paraphernalia in Morris County. Mr. Tormey received the discovery package from the State and isolated an issue that allowed the charges to be dismissed against his client. The State’s lab report came back and the alleged marijuana was not substantial enough to be analyzed. As such, it could not be proven beyond a reasonable doubt that the water bottle confiscated by police was, in fact, drug paraphernalia. Mr. Tormey got the charges against his client dismissed.
When presented with your drug paraphernalia case, we will evaluate the strength of the case against you and any legal issues that may be present. How was the paraphernalia discovered? Were you stopped in a motor vehicle? Was the stop valid? Did you consent to a search of the vehicle? Was the consent valid? Was it found during an arrest? Was the arrest valid? Our experience in handling these very issues gives us the tools necessary to fight aggressively for you.
Contact a Mount Olive NJ Drug Paraphernalia Defense Lawyer Today
If you or a loved one has been charged with Drug Paraphernalia Possession in Morris County, contact the Tormey Law Firm at (908) 336-5008 for a free consultation. With offices conveniently located in Morristown, we aggressively defend clients in Roxbury, Mendham, Harding Township, Denville, Hanover, Chatham, and throughout the region. Call today to speak with a lawyer who can help you best defend your innocence.