Home > Research Legal Advice > Criminal Defense > I was charged 2C:35-10A what kind of penalties can I expect?
Asked about 1 year ago - Roseland, NJ
FlagI am 18 years old and was caught with marijuana at a party. I have a clean record but a year ago I was caught in a hit and run on a parked car when I didn't have a license but I paid fees and did not have my finger prints taken and a few months prior to that I got caught drinking but I was released with no charges. I don't have money for an attorny what do I do and what will my charges be? I also want to know if this will effect me going to college I got accepted and finished a lot of my enrollment process will they not allow me to go to college?
As stated, possession of 50 grams or less of marijuana is considered a disorderly persons offense (misdemeanor) in New Jersey. If convicted, there can be a jail term of up to 6 months, a fine of up to $1,000.00, a DEDR Penalty of $500.00 and a Drivers License Suspension of between 6 months and 2 years.
Possession of more than 50 grams of marijuana is a 4th degree crime (felony) and carries a jail term of up to 18 months, a fine of up to $25,000.00, a $750.00 DEDR Penalty, and a Drivers License Suspension of between 6 months and 2 years.
If convicted of possession of marijuana within 1000 feet of a school there is an additional sentence of at least 100 hours of community service.
Yes, you can apply for the public defender. If you are not eligible then you should absolutely find an attorney and you should absolutely discuss this matter with your parents. There are definite questions about the search and seizure that can only be answered from going through the Discovery (the police reports, etc).
Regardless of whether you take the Conditional Discharge (which you are permitted to apply for as a matter of Law) you should absolutely speak with an attorney to determine your rights and defenses in this matter. Many people will simply walk into court and take the CD without examining if there are other options available to them. As you can only use the CD one time you want to make sure that it is indeed your best option. Feel free to call if you have any other questions.
An experienced criminal defense attorney can examine the case and determine if there are viable defenses. In your case, how did the police get in, where did they find the weed, how and why did they search you, were you legally in possession etc. I would therefore apply for the public defender if you cannot afford a private attorney. Your priors sound like motor vehicle offenses or non-charges. If so this is a first offense, and even if not they are non-drug convictions and therefore you are likely eligible for a conditional discharge (CD). If so the charge would be dismissed after completion of the low structure one year probation (maybe community service and still the $800 or so DEDR penalties). This can then be expunged 6 month later by petition. I do not believe even a conviction will foul up your acceptance but these days who knows. They may do background checks, but I have not heard of that yet. I may be wrong. Call for free consultation if you like.
If this is your first criminal charge, and the others sound like municipal charges or motor vehicle charges, you can most likely avoid a conviction. A conviction may or may not affect your college admission, but it almost certainly would affect your ability to receive financial aid from the federal government, which is the biggest source of financial aid to college students. If you haven't told your parents about this, you should and ask them (or someone) to help retain a lawyer for you. You need to start making some smart decisions starting with finding a way to hire a lawyer.
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