Possession and Intent to Distribute Marijuana are serious charges, and it is important that you retain an attorney to preserve your rights and negotiate with the prosecution on your behalf. NJSA 2C:35-5, intent to distribute, sets the charge in the third degree when there is 1 ounce or more found, which carries a fine of up to $25,000 and a jail term of 3-5 years. NJSA 2C:35-10, possession, sets the charge at the fourth degree when there is more than 50 grams found, which carries a fine of another $25,000 and a jail term of another 18 months. This is a potential $50,000 fine and 6.5 years in jail.
If you retain an attorney to protect your rights, it is possible to negotiate lesser fines and jail terms, or potentially enter into conditional dismissals to avoid all penalties. Without knowing more of this case and obtaining discovery it is impossible to comment specifically what the best plan of action would be.
If you wish to schedule an appointment to discuss the matter, please call my office at 732-797-1600 or visit our website at www.cldds.com.
Regards,
Edward J. Dimon, Esq.
Answered on Jul 30th, 2013 at 10:40 AM