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Possession of Drug Paraphernalia
A charge that often accompanies a drug charge is possession of drug paraphernalia. This offense, which is contained at N.J.S.A. 2C:36-2 of the New Jersey Criminal Code, is common in Middletown. Most of the time, the place where the charge is being heard is Middletown Municipal Court. If you received a summons or complaint for drug paraphernalia, you should know that a conviction results in at least six (6) months driver’s license suspension. There are also additional penalties that may be imposed, including fines and the possibility of jail. Our Middletown drug paraphernalia lawyers are available to discuss the allegations against you and can usually help individuals escape a criminal record and driver’s license suspension under 2C:36-2. Our former prosecutors from Monmouth County have litigated an immeasurable number of cases involving a syringe, scale, needle, pipe, grinder, bong and other forms of drug paraphernalia.
Understanding A Paraphernalia Charge in Middletown
The first thing you want to know is what is included in the definition of “drug paraphernalia”. In this regard, New Jersey Law considers drug paraphernalia to be any item that is capable of being used to ingest, manufacture, refine, process, weigh, or package a controlled dangerous order, or to introduce it into the body. N.J.S.A. 2C:36-2 sets forth thirteen examples of items that fall within this definition, including pipes, water pipes, carburetion tubes and devices, smoking and carburetion masks, roach clips, miniature cocaine spoons and vials, chamber pipes, carburetor pipes, electric pipes, air driven pipes, chillums, bongs, and ice pipes of chillers. If a particular item is not among this list, the law outlines factors that should be considered by the court in determining whether an items constitutes drug paraphernalia. The factors are:
- Any statements by the owner or anyone in control of the object concerning its use;
- Location of the object in relation to CDS;
- Whether there is any residue of CDS in the item;
- Direct or circumstantial evidence of the owners intent concerning its use;
- Instructions, if any, that came with the object;
- Legitimate uses, if any; and
- Expert testimony concerning the item.
While all of these are factors to be considered, an overriding question is always the intention of the accused, namely, whether the purpose was to use it with CDS.
Paraphernalia Attorney in Middletown NJ
Unfortunately, the law treats possession of drug paraphernalia no different when it comes to penalties than a possession of marijuana or another disorderly persons drug offense. It is therefore critical that you consider the consequences of this offense very seriously before you decide to walk into court without the benefit of an experienced Middletown Criminal Defense Attorney. You are also encourage to contact our Tindall Road Office for a free consultation before you make your decision. A lawyer on our team will provide you with the benefit of their knowledge and experience, and the consultation is free.