Legal Question in Criminal Law in New Jersey

Possession of Marijuana

I was recently pulled over for a busted head light. The officer saw that my eyes were red and asked if I had been smoking. At first I told him it was allergies and when he asked the second time I admitted I had been smoking earlier. He then asked if I had anything on me or in my car and I had a 1/4 ounce in my car. I told him the truth and even showed him where I hid it. I was then arrested. I was completely coorperative and the officer even told me that I should get a conditional discharge since I have no prior offenses. I don't believe I need a lawyer to do so, but maybe someone could tell me differently. The arrest was for possession of under 50 grams. Another ticket for CDS in a motor vehicle. Suggestions please!!


Asked on 10/15/03, 3:07 pm

4 Answers from Attorneys
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: Possession of Marijuana

You face loss of your license for at least 2 years for the ticket, plus fines which could be hundreds of dollars. If you get into the conditional discharge program, the application fee is $75.00, you also face about another $600 to $750 in fines. If u tell me which county this happened in, I can tell u how long your period of conditional discharge may be.

Call me 201-646-9799. It's best not to go alone. You could also be charged with being under the influence of CDS which is also a criminal charge.

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Answered on 10/16/03, 10:21 am
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: Possession of Marijuana

You MAY be able to get a Conditional Discharge without an attorney, however, you may have better luck with an attorney to plead your case and work out the details.

More importantly though, you may want an attorney to help you with the related ticket. Possession of CDS in a vehicle carries minor fines but the Judge MUST also suspend your driver's license for 2 years regardless of whether or not you were using the drugs in the car.

I handle these types of cases in South Jersey and offer free consultations should you wish to discuss the matter.

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Answered on 10/15/03, 3:48 pm
Gary Moore Gary Moore Attorney At Law

Re: Possession of Marijuana

The penalty for driving with marijuana in your car is 24 months and the motor vehicle charge is not dismissable as part of the first offender treatment on the criminal charge unless the prosecutor agrees. Perhaps an ounce of caution is worth a pound of hindsight.

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Answered on 10/15/03, 4:21 pm
Savyon Grant Law Office of Savy Grant

Re: Possession of Marijuana

It is always recommended that one goes to court with an attorney. Don't forget not only are you facing criminal charges, you are also facing losing your license for a period of time.

I will be very happy to give you a free phone consultation. I can be reaached at 201-646-9600.

Savy Grant

Attorney at Law

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Answered on 10/15/03, 5:38 pm


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