You have been arrested for marijuana possession again. The police charge you with possession of less than 50 grams. OK, it is a misdemeanor. However, if you are convicted, it will go on your record, you will be on probation, you will lose your license for 6 months, and you just found out the prosecutor is recommending 30 days in the county jail.
Additionally, you do not have a conditional discharge available because of your prior PTI (pre-trial intervention). What are your options? Well, every case is different. But in my opinion, when faced with a situation such as this, there is very little down side to taking the case to trial.
The first step is to consult with an experienced NJ marijuana defense lawyer and determine what (if any) you defenses are. Sometimes, a defendant charged with NJSA 2C:35-10a(4) may not have any defenses. But more often than not, there is at least a probable cause or suppression issue to be explored. These may include automobile search exception requirements, consent searches, pat down searches, plain view and plain smell claims, etc.