Possession of Drug Paraphernalia in NJ

Possession of drug paraphernalia is a minor crime in New Jersey, but a conviction can have damaging repercussions that are best avoided. A criminal record based on a conviction for drug paraphernalia possession will come up in background checks for employment, loans, rental housing, and other opportunities.

Charges of possession of drug paraphernalia are often filed in combination with other drug crimes and call for swift and serious legal representation. Defense attorney Jason A. Volet is a former New Jersey drug crime prosecutor who has practical insights into how prosecutors press drug charges. Jason Volet knows how to identify weaknesses in the prosecution’s case and how to use them to build a strong defense for his clients.

Contact The Law Office of Jason A. Volet if you have been charged with possession of drug paraphernalia in New Jersey. Jason Volet will review the details of your case and map out a defense strategy for you.

How Serious is a NJ Drug Paraphernalia Charge?

Possession of drug paraphernalia, as defined in New Jersey law (N.J.S.A. 2C:36-1), is a disorderly persons offense. It is punishable by a fine of up to $1,000 and up to up to six months in jail. While a jail sentence is not likely on a first offense conviction, there are additional penalties that the court may impose, including:

• A driver’s license suspension for a period of 6 months up to 2 years
• Hundreds of dollars in additional fees
• Community service
• Forfeiture of public office.

What is Considered Drug Paraphernalia?

There are numerous devices and materials police may decide are being used as drug paraphernalia and therefore warrant a possession charge.

The law in New Jersey (N.J.S.A. 2C:36-2) specifically states that it is unlawful for any person to use drug paraphernalia, or to possess it with the intent to use it. Drug paraphernalia includes equipment, products, and materials of any kind used or intended for use to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled substance or introduce into the human body a controlled substance analog.

Common illegal drug paraphernalia includes:

• Water pipes and bongs
• Smoking and carburetion masks
• Rolling papers
• Roach clips
• Miniature cocaine spoons, straws, and cocaine vials
• Hypodermic syringes
• Cartridges or canisters of nitrous oxide
• Packaging materials such as baggies, envelopes, or balloons
• Separation gins and sifters used to clean marijuana
• Scales
• Planting kits
• Testing kits

Any items in the vicinity of an arrest for drug possession and/or distribution that may have been used in connection to drug use, manufacture, preparation, or sales may be confiscated as paraphernalia. At some point, the objects confiscated by a law enforcement officer will be tested for the presence of drug residue, which is strong evidence of their use as drug paraphernalia.

Help with NJ Possession of Drug Paraphernalia Charges

Our first objective as your defense attorney would be to get the charges against you dismissed, if possible. We would examine the facts of the prosecution’s case and look for issues we could raise to create a reasonable doubt and negotiate for the charges to be dropped. For a conviction, the prosecution must be able to prove the charges beyond a reasonable doubt. Often, items identified as drug paraphernalia are found simply existing at an alleged crime scene and their intent or use in an illegal fashion is simply a police officer’s supposition.

If charges cannot be dismissed, a defendant with no previous convictions may qualify for a conditional discharge of a drug paraphernalia possession case. A conditional discharge is a three-year probation program for first-time offenders charged with or convicted of a drug or drug paraphernalia-related disorderly persons or petty disorderly persons offense.

As part of probation, you may be required to enter a residential drug treatment program.

To qualify, you must not pose a danger to the community. In addition, the court must be satisfied that you will benefit from the program and the public will be protected by your admittance into the program.

If you complete the terms of probation without any problems, the charges will be expunged from your record.

Be advised that you’ll need a lawyer if you wish to seek a conditional discharge to resolve drug paraphernalia charges. Prosecutors may say a conditional discharge is not appropriate for your case. If you do not have a knowledgeable New Jersey criminal attorney advocating for you, the judge will likely take the prosecutor at his or her word.

It is likely that anyone who faces drug paraphernalia charges also faces additional charges related to illicit drugs. If it is a first, nonviolent offense, New Jersey offers a diversionary program, known as Drug Court, that may be appropriate for a defendant ready to deal with a drug and/or alcohol dependency problem.

Drug Court is a closely supervised two-year program that requires completing a residential treatment program, frequent drug testing, and participation in 12-step recovery programs. Drug court participants can obtain counseling and other assistance with job training, education, and health care.

Drug Court participants who successfully complete the program will have the charges against them dismissed.

If neither dismissal nor entry into a diversionary program is possible, we could seek to have charges downgraded, such as to loitering for the purpose of obtaining drugs (N.J.S.A. 2C:33-2.1) or to a municipal ordinance violation. Such a plea bargain would allow you to escape the heavy fines and suspension of driving privileges required for possession of these drug items.

Defense attorney Jason Volet will fight for the charges against you to be dropped or reduced. He will prepare a strong defense to defend you if the case goes to trial. But note that 70 percent of cases are resolved without the defendant going to trial.

Contact an NJ Drug Crimes Defense Attorney

The Law Office of Jason A. Volet is dedicated to helping people charged with drug-related offenses, including possession of drug paraphernalia, and avoiding the harsh penalties a conviction carries. Many options are available to a drug crimes defendant. Because of his extensive experience as both a drug crimes prosecutor and a criminal defense lawyer, Jason Volet knows how to interpret the law and apply New Jersey’s philosophy of rehabilitation over punishment to your favor.

Schedule a consultation with Jason Volet immediately by calling 732-491-8477 if you or a loved one has been charged with possession of drug paraphernalia and/or other drug crimes. Our office is located at 28 Court Street, Freehold, NJ 07728. We are ready to help you.