NJ Marijuana Defense: The Practice of New Jersey Criminal Defense Lawyer Allan Marain

Allan Marain is a lawyer who defends persons arrested for violating laws in New Jersey relating to marijuana. His primary objective is to avoid a conviction. When a conviction cannot be avoided, his objective is to keep his client from being sentenced to jail or prison. Mr. Marain has refined many lawyer techniques towards obtaining these objectives.

For over thirty years, Allan Marain has been representing both adults and juveniles in New Jersey charged with marijuana offenses. He has obtained acquittals for persons found with nickel bags of marijuana, or a few seeds, as well as persons found with many pounds. He has successfully represented persons arrested in their homes, in college dormatories, in cars, on the street, and even inside New Jersey prisons. His cases have included people arrested following issuance of a search warrant, as well as searches with no warrant. He fights for clients with marijuana cases in federal court, municipal court, the Superior Court of New Jersey, juvenile court, and on appeal.

Persons found guilty in New Jersey of marijuana possession, marijuana distribution, marijuana possession with intent to distribute, growing marijuana, or possession of drug parpahernalia are subject to loss of their driver's license. The minimum period of suspension is six months. It can be for up to twenty-four months. New Jersey also imposes a mandatory dollar penalty. The minimum penalty is $500.00. For large amounts of marijuana, the mandatory penalty can be up to $4,000.00. On top of mandatory marijuana penalties, New Jersey law allows discretionary fines. These discretionary fines can be as much as $300,000.00. Prison sentences can range from none to life. This range of fines, penalties, and sentences depends upon many factors. These factors include the defendant's past record and the amount of marijuana involved. For just a single marijuana joint or a few marijuana seeds, the jail sentence from a municipal court in New Jersey can be as much as six months.

First-time marijuana offenders in New Jersey are often eligible for Pretrial Intervention (PTI) or for a conditional discharge. These are both "diversion" programs. Diversion programs exist in all New Jersey state criminal courts. A similar program is often available in federal court. Under diversion, a defendant is placed on probation. There is usually no trial. There is usually no guilty plea. And, most importantly, there is no record of having been convicted. New Jersey driving privileges are usually retained. When probation is successfully completed, the charges are dismissed. After a short waiting period, the New Jersey arrest record can then be expunged.

Whether a person can have charges diverted in New Jersey depends on many factors. Persons with a previous marijuana conviction are not eligible. They will be ineligible even if the previous conviction was not in New Jersey. Other factors include the amount of marijuana involved, and whether the arrest occurred within a certain distance of a school, a public housing project, or public park. Diversions are not available in Juvenile Court. Other methods are available for juveniles, however, that can ultimately result in there being no conviction.

Not everyone charged with marijuana offenses wants diversion. And as just mentioned, not everyone charged with a marijuana offense is eligible for diversion. In such situations, the marijuana defendant must either enter a guilty plea, or have a trial. This determination to try the case or negotiate a plea is one of the most crucial decisions that the person charged with a marijuana offense must make. The lawyer weighs the likelihood of success against the risks of losing, and advises the client. But it is the person that was arrested who makes that ultimate decision, not the lawyer.

Marijuana cases typically involve numerous legal issues. These issues include whether the client is eligible for and wants a diversion; whether the police found the marijuana only on account of an illegal search; whether the prosecutor established a "chain of custody" for the suspected marijuana; the validity of the laboratory identification of the suspected marijuana; whether the accused actually possessed the suspected marijuana; and whether the accused was unlawfully entrapped. Mr. Marain is a New Jersey lawyer who reviews issues such as these for his clients. He represents his marijuana clients with understanding, skill, and compassion. He talks to clients in English, not "legalese." He returns clients' phone calls.

Centrally based in New Brunswick, Mr. Marain accepts marijuana cases in Bergen, Burlington, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union, and Warren Counties. He represents persons seeking expungement of marijuana arrests or convictions statewide. He would welcome the opportunity to review your situation.