If you have been charged with possessing a small amount of marijuana in New Jersey under N.J.S. 2C:35-10, then you are most likely wondering how this charge can be fought and won. Well, the answer to the questions is simple. “Yes,” a marijuana charge can be attacked successfully in a New Jersey municipal court.
The first area to attack is the initiation of the police investigation and potential violations of a suspect’s constitutional rights. The second area to attack is the faulty “chain of custody” the police created from the time the suspected marijuana is seized until it is finally tested at the laboratory. The third area of attack is the flawed laboratory testing of the suspected marijuana.