Caught with Possession of Drug Paraphernalia 2C:36-1 (spoons, scales, straws, baggies etc.)
2C:36-1. Drug paraphernalia in New Jersey is Defined As:
All equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance, controlled substance analog or toxic chemical in violation of the provisions of 2C:35 et al. It shall include, but not be limited to: a.
kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived; b. kits used or intended for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled dangerous substances or controlled substance analogs; c. isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous
substance; d. testing equipment used or intended for use identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances or controlled substance analogs; e. scales and balances used or intended for use in weighing or measuring
controlled dangerous substances or controlled substance analogs; f. dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances or controlled substance analogs;
g. separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana; h. blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous
substances or controlled substance analogs; i. capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances or controlled substance analogs; j. containers and other objects used or
intended for use in storing or concealing controlled dangerous substances, controlled substance analogs or toxic chemicals; k. objects used or intended for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, hashish oil, nitrous oxide or the
fumes of a toxic chemical into the human body, such as (1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (2) water pipes; (3) carburetion tubes and devices; (4)
smoking and carburetion masks; (5) 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; (6) miniature cocaine spoons, and cocaine vials; (7) chamber pipes; (8)
carburetor pipes; (9) electric pipes; (10) air-driven pipes; (11) chillums; (12) bongs; (13) ice pipes or chillers; (14) compressed gas containers, such as tanks, cartridges or canisters, that contain food grade or pharmaceutical grade nitrous oxide as a principal ingredient;
(15) chargers or charging bottles, meaning metal, ceramic or plastic devices that contain an interior pin that may be used to expel compressed gas from a cartridge or canister; and (16) tubes, balloons, bags, fabrics, bottles or other containers used to concentrate or
hold in suspension a toxic chemical or the fumes of a toxic chemical.
In determining whether or not an object is drug paraphernalia, the trier of fact, in addition to or as part of the proofs, may consider the following factors: a. statements by an owner or by anyone in control of the object concerning its use; b. the proximity of the object of
illegally possessed controlled dangerous substances, controlled substance analogs or toxic chemicals; c. the existence of any residue of illegally possessed controlled dangerous substances, controlled substance analogs or toxic chemicals on the object; d. direct or
circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of this act; the innocence of an owner, or of anyone in control of the object, as to a direct
violation of this act shall not prevent a finding that the object is intended for use as drug paraphernalia; e. instructions, oral or written, provided with the object concerning its use; f. descriptive materials accompanying the object which explain or depict its use; g.
national or local advertising whose purpose the person knows or should know is to promote the sale of objects intended for use as drug paraphernalia; h. the manner in which the object is displayed for sale; i. the existence and scope of legitimate uses for the object in
the community; and j. expert testimony concerning its use. "The key is winning a drug paraphernalia charge is to fight this area of the offense. Remember a pipe for example can be used for many lawful purposes not just for drug use."
2C:36-2. Use or possession with intent to use drug paraphernalia in New Jersey is a disorderly persons offense subjecting the offender to up to 180 days in jail.
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.
2C:36-3. Distribution of Drug Paraphernalia: Distribute, dispense or possess with intent to distribute or manufacture paraphernalia, crime of fourth degree up to 18 Months in Jail.
It shall be unlawful for any person to distribute or dispense, or possess with intent to distribute or dispense, or manufacture with intent to distribute or dispense, drug paraphernalia, knowing that it will be used 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 commits a crime of the fourth degree.
You Deserve the Best Defense Call Now 1-800-9-RIGHTS for a Free In Office Consultation
You could become a "criminal" simply by having
a straw or spoon in your pocket or car. Simple
possession of these items could cost you up to 180
days in Jail. Think about spending the next 180
days in jail, the work or school you would miss, your
bills would go unpaid. If you have several items
considered drug paraphernalia in NJ you could even
be sentenced to up to 18 months in Jail for
distribution. Common paraphernalia items include
pipes,wrapping paper, bongs, needles, scales, small
baggies or any other devise or product commonly
used in the drug trade. A conviction for drug
paraphernalia can be the same or even worse then
actually possessing the drug. Don't let a lapse in
judgment or addiction ruin your future. Get Help
Now! Set up a free in office Consultation to learn
how we can help you beat this charge.
|H. Scott Aalsberg, Esq., P.C.
Attorneys at Law
Main Office: G-10 Brier HIll Court, East Brunswick, N.J. 08816
1028 Route #23 North, Wayne, N.J. 07470
1-800-9-RIGHTS or (732) 257-5040
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The Top 30 New Jersey Towns with the highest number of Criminal Drug Paraphernalia Charges filed and defended by the GetNotGuilty.com lawyers: Newark, Wayne, East Brunswick, Milltown, Spotswood, Woodbridge, Lawrence,
Edison, Linden Bridgewater, Cherry Hill, Atlantic City, South River, Jersey City, Paramus, Short Hills, North Brunswick, South Brunswick, Clifton, Spotswood, Clark, Elizabeth, Wayne, Secaucus, Deptford, SayrevilleEatontown,
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H. SCOTT AALSBERG, ESQ., P.C.
"The Lawyers you Need to Win" 1-800-9-RIGHTS
With over 25 Years of Experience and more than
11,000 cases successfully completed Attorney H.
Scott Aalsberg,Esq., can help you Win your NJ
Drug Paraphernalia Charge.
NJ DRUG Paraphernalia Penalties
Possession of Paraphernalia NJ:
Jail up to 180 days
Fine of up to $1000.00 + $500.00 DEDR Penalty
In addition: Possible probation or community service if
deemed appropriate by the Judge
Distribution of Paraphernalia NJ:
Jail up to 18 months
Fine of up to $7500.00 + $750.00 DEDR Penalty
In addition: Possible probation or community service
if deemed appropriate by the Judge
Many people don't realize but a conviction could
effect you for the rest of your life by making it
harder to get a loan, car insurance and even result
in the suspension of your drivers license. If you
are a student a conviction can disqualify you for a
student loan. No matter what your situation is,
guilty or innocent you need a defense to win or
lower your penalties. If you simply do nothing you
face jail. Don't let this happen to you.
What We Will Do To Win Your NJ Paraphernalia Charge
Its' not what you did that counts at this point, unless you are truly innocent, its what the state did to find and arrest you for a paraphernalia charge in
NJ. Many stops and arrest by the police are simply against the law and if you arrest was, your NJ Paraphernalia charge could be dismissed. After
looking at your stop and arrest we review the discovery. Many serious mistakes are made in the discovery process, in the lab reports and even at
the prosecutors office and police station which could result in you getting a not guilty verdict. However, if you do not hire an experienced NJ Drug
Paraphernalia lawyer like Attorney H. Scott Aalsberg you may never know if this charge could have been downgraded, reduced or even dismissed.
With over 9000 cases handled by our firm you can be assured that we know what to do and how to do it.
The Effects of a Paraphernalia Conviction
How To Win a NJ Drug Paraphernalia Charge
The best way to win a drug paraphernalia charge is to get the best lawyer. Attorney H. Scott
Aalsberg Esq., is rated a Top Criminal Lawyer by AVVO Lawyer rating service with a perfect 10.0
rating, is ranked one of the Top Ten Criminal Lawyers by the National Academy of Criminal Defense
Attorneys and one of the Top 100 Lawyers, by the National Trial Lawyers. When you need to win
your drug or paraphernalia charge you need to get the best lawyer, because if you don't win any
money you paid was simply wasted. Not all cases can be won, but if your case can't be won it can
be downgraded or have the penalties reduced. Many people feel that just because they did it that
they are guilty. But remember being guilty is a legal standard not a factual standard and it must be
proven. Example can the state prove that your pipe was not used for tobacco a legal substance
rather than marijuana? Setup your in office appointment today and learn how we can defend these
charges, the more time we have to work on your case the better the result.
|NJ Drug Paraphernalia Lawyer H. Scott
Aalsberg is Ranked One of the Top 100
Criminal Lawyers by the National Trial Lawyers