possession of marijuana NJ lawyer, paraphernalia too

New Jersey defines marijuana to be a “controlled dangerous substance,” or “cds.” Other New Jersey statutes define distributing a cds to be a crime. New Jersey's penalties for distributing are much more severe than its penalties for mere possession. Further, the penalties for merely possessing marijuana with intent to distribute are identical to New Jersey's penalties for the actual distribution. We discuss those penalties on our distribution page, elsewhere on this site.

As just suggested, in order to be exposed to these severe penalties for distributing marijuana, it is not necessary to have actually distributed it. Intent to distribute satisfies the requirements of the statute. Yet, intent is a state of mind. It cannot be seen. And, although law enforcement officers often claim to possess powers that they actually lack, few, if any, claim to be able to read minds. So, short of a defendant announcing his intent to distribute marijuana, how can the prosecutor ever obtain the proofs that he needs in order to obtain a conviction?

The answer to that question is that persons can be convicted of intent to do something, in this case, distribute marijuana, by what is called “circumstantial evidence.” Circumstantial evidence consists of one or more facts from which another fact may be inferred.

Many judges explain circumstantial evidence to jurors by asking them to consider the example of whether it snowed during the night. The judges offer these facts: A witness testifies that just before going to bed one night, she looked out the window. The ground was clear and dry. She awoke the next morning and looked out the window again. The sun was shining. Yet, now, the ground was covered with snow. She never actually saw snow falling during the night. Yet, from the absence of snow when she went to bed to presence of snow on the ground when she awoke, you may legitimately infer from her testimony (if you believe her) that snow did fall during the night. That is, you are relying upon circumstantial evidence. Circumstantial evidence is to be distinguished from “direct evidence.” By way of contrast, direct evidence would be testimony from the witness that she actually saw snow falling during the night.

New Jersey prosecutors similarly rely upon circumstantial evidence to try to persuade jurors that the marijuana that was possessed was possessed with intent to distribute. Examples of such circumstantial evidence abound:

  • What quantity of marijuana is at issue? Was the quantity a small amount consistent with what one might use for individual consumption? Or was it a quantity large enough to make consumption by a single individual unlikely?
  • Did the defendant also possess other objects typically associated with distribution? Examples of such objects would be scales, plastic baggies, or other containers;
  • Were there conversations in which the defendant actually indicated his intent to distribute?
  • Did the defendant possess large amounts of cash?
  • Did the defendant possess ledger sheets, books of account, or other writings indicative of past or future distribution.

Prosecutors sometimes rely upon testimony of expert witnesses to give their interpretations of the circumstantial evidence to the jury. But skilled lawyers can often rebut those interpretations. One way of rebutting those interpretations is to attack the credibility of the person offering the facts upon which the expert witness is relying. We offer elsewhere transcript of a trial in which Marijuana Lawyers in New Jersey™ did this. (The substance involved in that trial was heroin, not marijuana.) Another way to rebut testimony of expert witnesses is to offer alternative explanations, consistent with innocence, for the circumstantial evidence.

Allan Marain and Norman Epting, Jr. are New Jersey marijuana lawyers. Each has great familiarity with the rules of evidence by which circumstantial evidence can be successfully challenged. Each has successfully defended numerous New Jersey defendants charged with possession of marijuana with intent to distribute. Each would welcome the opportunity to review the circumstances of your arrest, in a no-charge no-obligation conference. Call them!

 Overview  |  Allan Marain  |  Norman Epting, Jr. 
 Case Evaluation  |  Expungements  |  Radio Promo  |  Gun Lawyers  |  Your Privacy  |  Contact Us 

 Possession  |  Distribution  |  Intent To Distribute  |  Paraphernalia  |  Growing  |  Juveniles  |  PTI 
 CDS in Motor Veh.  |  Conditional Dschg  |  Drug Tests  |  School Zone  |  Public Housing  |  Public Parks 
 Public Buildings  |  Manufacturing  |  Drivers Licenses  |  Cocaine 

(Federal)  Possession  |  Distribution  |  Constitutionality  |  The Twilight Zone 

 On the Job  |  Stopped by Police  |  Jersey Justice  |  El Paso  |  Jury Service  |  Dangerous Drugs 
 Cannabis Oil  |  PGP Public Key  |  High Links  |  Lab Forensics  |  About Marijuana 

 AG Guidelines  |  Jill Stein, 2016  |  Donald J. Trump  |  Winston Churchill 
 Reefer Madness  |  Drug Informants  |  Just Say “No!”  |  Directions  |  How Did We Do?  |  Parking 

“He has erected a multitude of New Offices, and sent hither swarms of officers to harass our people and eat out their substance.

--The Declaration of Independence

“All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident.”

--Arthur Schopenhauer

“Chris Christie is a disgrace not just to NJ and the USA, but to humanity as a whole. His refusal to acknowledge the majority in this country of cannabis supporters is appalling. He is literally the cancer killing our country and we need to bury this sack of garbage in a landfill FAR FAR away from politics.”

--Jason Mueller, June 30, 2015,
Responding on Yahoo! to Chris Christie announcement
that he is seeking to be President of the United States

Law Offices of Allan Marain
Attorneys and Counsellors at Law Lawyer handles marijuana charged in New Brunswick Rutgers arrests and paraphernalia charges
100 Bayard Street
P.O. Box 1030
New Brunswick NJ 08903
Or Toll Free: 855-NJ-GRASS   (855-654-7277)
email: Info@NJMarijuana.com

Marijuana Lawyers in New Jersey™ and NJMarijuana.com
© Copyright 2006-2023, Allan Marain, New Brunswick, New Jersey.
All rights reserved.

For information, questions, or suggestions about our site, please email our webmaster.

Reefer, pot, weed, grass, Mary Jane, cannabis, ganja, dope, marijuana, marihuana: Call it what you will, spell it as you please, we will defend marijuana charges against you with the benefit of approximately seventy years combined experience handling marijuana and marijuana-related arrests. Centrally located in Middlesex County, New Jersey marijuana lawyers Marain and Epting also handle marijuana arrests and charges arising in Bergen, Burlington, Hunterdon, Mercer, Monmouth, Morris, Ocean, Somerset, Sussex, Union, and Warren Counties. Their cases have included marijuana arrests at the Sports Complex, and at the PNC Arts Center in Holmdel. Other frequent hot spots for marijuana arrests handled include Seabright, and Seaside Heights. Rutgers University arrests in New Brunswick and Piscataway number among the frequent fliers. Arrested elsewhere? Call anyway. We can suggest experienced marijuana lawyers in other New Jersey counties, and even in states other than New Jersey.

Web site design by DNEBA Enterprises » Accessible and Effective Web Design.
Search engine optimization by Rank Magic.
Hosted by Westhost »When you expect more from your Web host.
Page last updated 14 August 2017, and displayed Friday 22 September 2023, at 08:11:47 MDT.

  10.0Allan Marain site conforms to w3c standards to better serve person charged in dorm for arrest arrested charge marijuana pot paraphernalia pipe in new jersey nj   Site of Marijuana lawyers adheres to CSS standards, to better serve persons charged with offenses related to grass drugs bongs arrested PNC Rutgers nj marijuana arrest municipal court   Site powered by Apache for users with problems relating to NJ New Jersey marijuana pot paraphernalia arrest arrested municipal court lawyer Rutgers police   Dynamic Drive provides much-valued technical assistance for attorneys at law in New Jersey court defense