I just noticed you posted 10 (a). That is felony weight MJ. under subsection(a) (3) but is a disorderly persons offense under (a)(4). My post concerned (a)(4).

It was an 2C:35-10A(4) offense, my court date is in 3 days how do I apply for a public defender, and I am also concerned if it is possible for me to go to jail for this. It was an outdoor party and I was not in legal possession of marijuana

What I mean by legal possession is not script. "Possession" is a legal term
with many elements. All must be proven by the State. When you go to the
Municipal Court apply for the PD. Based on the information you provide it is
extremely unlikely, if not impossible, that you would do jail time. Even an
outdoor party on someone's property needs a warrant. If it was a park or
something that is a different story. I know you say you are tapped out but
this is so important you may want to hit up family for a retainer fee. If I
have been helpful I would appreciate a "best answer" or helpful marking on
the AVVO post.

IIt was an 2C:35-10A(4) offense, my court date is in 3 days how do I apply for a public defender, and I am also concerned if it is possible for me to go to jail for this. It was an outdoor party and I was not in legal possession of marijuana

The party was on an abandoned train track, and what is a family retainer fee? I'm sorry for the repeated comment and all the questions and I appreciate the help

The party was on an abandoned train track, and what is a family retainer fee? I'm sorry for the repeated comment and all the questions and I appreciate the help

The police are permitted on an abandoned track as much as the party goers, maybe more. they may have been investigating a complaint. I am sorry I was not more clear on "family" retainer. I mean you can ask your family to help you raise a retainer fee for a private attorney.

Thank you I appreciate the help. So hiring a private attorny is the best way to avoid this going on my record?

No. The PD can do the job also. A private attorney will likely give the case more attention and may investigate the case more thoroughly.

ok, but it is possible to avoid having this go on my record?

It is already on your record. The arrest is on your CCH now. If you get
it dismissed it can come off quickest. Otherwise you cannot expunge of at
least one year.

do i ask for a public defender the day of my court date or do i go before hand? Again my court date is the coming Wednesday

request the PD from the Court when you go. you have to qualify, (make
little money)