The attorneys at our firm Marshall, Bonus, Proetta & Oliver, comprise the largest criminal firm in the area. We also happen to possess over 100 years of combined experience defending Holmdel Criminal Offenses. Our lawyers even include the former prosecutor of Holmdel. We obviously know our way around the Holmdel Municipal Court and what is required in order for you to escape a guilty finding. To speak to an attorney on our team immediately, call 732-615-0039.
What Is Drug Paraphernalia?
New Jersey defines the term “drug paraphernalia” broadly to include just about object or thing used to consume, smoke or otherwise ingest CDS. The statute does, nonetheless, set forth examples of items satisfying this definition including blunt wrappers, bowls, water pipes, roach clips, miniature cocaine spoons and vials, chamber pipes, one hitter, carburetor pipes, electric pipes, bongs, grinders and weights/baggies.
Is Possession of Drug Paraphernalia a Felony?
No. It is a disorderly persons offense, the equivalent of a misdemeanor, to use or possess drug paraphernalia.
How Does The Prosecutor in Holmdel Prove This Charge?
First, it must be established, beyond reasonable doubt, that the item in question was “drug paraphernalia”. This involves proving that the object was for ingestion, preparation, cultivation or some other use in conjunction with controlled dangerous substances. Second, the state must demonstration that it was the intent of the accused to use the item in this illegal manner. Merely possessing a grinder, bong, pipe, bowl, etc., is insufficient to prove a case under 2C:36-2. There must also be an intent to use the item in the prohibited manner. The court may consider presence of residue or other facts to infer that the object was intended to be used in a prohibited manner.
What Penalties Apply If I Am Convicted in Holmdel Municipal Court?
If convicted, you face up to six months in jail, a $1,000 fine and a license suspension of six (6) months to two (2) years.
Does Possession of a Hypodermic Needle or Syringe Fall Under N.J.S.A. 2C:36-2?
No. There is a separate statute that applies to use or possession of hypodermic syringes and needles. This violation is also a disorderly persons offense. Absent possession of a SAP Card (Syringe Access Program) or a valid prescription, these charges result in essentially the same consequences as a violation of 2C:36-2. These penalties are in addition to whatever you may be exposed to for possession of heroin or another drug for which the needle is intended to be used.