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My first question is, do you have a lawyer? I think it'd be very unwise to go in without one, and once you do have one he/she should be able to tell you what to expect? Also, did they just smell the smoke, or did he have a quantity of pot on him? If so, how much? This came up when I googled it, it's from a website of NJ lawyers who specialize in marijuana offenses: http://www.njmarijuana.com/page.php?here=index
Persons found guilty in New Jersey of marijuana possession, marijuana distribution, marijuana possession with intent to distribute, growing marijuana, or possession of drug parpahernalia are subject to loss of their New Jersey driver's license. The minimum period of driver license suspension is six months. The driver license suspension can be for up to twenty-four months. New Jersey also imposes a mandatory dollar penalty for convictions for marijuana-related offenses. The minimum penalty is $500.00. For large amounts of marijuana, New Jersey mandatory penalty can be up to $4,000.00. Beyond these mandatory marijuana penalties, New Jersey marijuana law allows discretionary fines. These discretionary fines can be as much as $300,000.00. Prison sentences can range from none to life. This range of fines, penalties, and sentences depends upon many factors. These factors include the defendant's past record and the amount of marijuana involved. For just a single marijuana joint or a few marijuana seeds, the jail sentence from a municipal court in New Jersey can be as much as six months.
First-time marijuana offenders in New Jersey are often eligible for Pretrial Intervention (PTI) or for a conditional discharge. These are both "diversion" programs. Diversion programs exist in all New Jersey state criminal courts. A similar program is often available in federal court. Under diversion, the person arrrested for a marijuana offense is placed on probation. There is usually no trial. There is usually no guilty plea. And, most importantly, there is no record of having been convicted. New Jersey driving privileges are usually retained. When probation is successfully completed, the marijuana charges are dismissed. After a short waiting period, the New Jersey arrest record can then be expunged. After expungement, the fact that the person was even charged with an offense involving marijuana will not appear on public record searches.
Whether a person can have marijuana charges diverted in New Jersey depends on many factors. Persons with a previous marijuana or drug conviction are not eligible. They may be ineligible even if the previous marijuana conviction was not in New Jersey. Other factors include the amount of marijuana involved, and whether the arrest occurred within a certain distance of a school, a public housing project, or public park. Diversions are not available in Juvenile Court. Other methods are available for juveniles, however, that can ultimately result in there being no conviction.
Location: Splitting time between Dayton, NJ and Needmore, PA
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Ocnjgirl and Sweep both give a great listing of the many intangibles for a case like this. A lawyer is an absolute requirement to get the issue dealt with appropriately with all of the facts of the stop brought out during discovery and in court.
First appearance will be a hearing. Judge might go easy on him, but if not he will go to trial.
Shouldn't have been smoking, these kids think they're so cool.
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