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Criminal Defense Litigation

3/2/2010
Frank T. Luciano, Esq.
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MARIJUANA/POT ATTORNEY IN BERGEN AND PASSAIC COUNTIES: DRUG PARAPHERNALIA AND THE ELEMENT OF INTENT


It is against the laws of the State of New Jersey to possess, distribute or possess with intent to distribute drug paraphernalia.  The term drug paraphernalia is broadly defined to include just about anything someone can use to ingest a Controlled Dangerous Substance (CDS) into the body or to cultivate a CDS.

There are times, however, when an item is not clearly drug paraphernalia.  In those cases, the statute that controls the offense defines some factual consideration that can be used by a judge or jury to reach a just conclusion, including: (a) statements made by the owner; (b) the proximity of the item to a CDS; (c) CDS residue on or in the item; (d) the type and number of legitimate use that can be put to the item; and (e) expert testimony.



Frank T. Luciano, Esq., is a trial lawyer in Bergen County, Passaic County, Hudson County and Morris County with over thirty years of experience in the defense of criminal prosecutions with special emphasis in drug crimes and drunk driving (DWI/DUI) offenses.
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Frank T. Luciano, PC
147 Main Street, Suite 5
Lodi, NJ 07644
Phone: (973) 471-0004

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