• We are

    Available 24/7
  • Credit Cards Accepted
  • Free Consultations
Piscataway Office
New Brunswick Office
East Brunswick Office
Woodbridge Office
Call Now

Middlesex County Criminal Defense Lawyer

  • Over 100 Years of Combined Experience
  • Practice Exclusively in DUI & Criminal Defense
  • Former County & Municipal Prosecutors
  • Decades of Case Success Stories

Drug Possession

East Brunswick NJ Drug Possession Lawyer

Contact Our East Brunswick Office To Speak To A Former Prosecutor In The Municipality or the Former Director of the Drug Task Force in the Middlesex County Prosecutor’s Office

drug possesion east brunswickPossession of a drugs (a.k.a. controlled dangerous substances) is a criminal offense that is common in East Brunswick Township. A primary reason for the prevalence of drug possession charges stems from the lack of appreciation that whether we like it or not some substances are illegal. The best example might be marijuana but the same thinking is often also utilized by users when it comes to CDS like MDMA, Molly, LSD, Ecstasy,  Cocaine and even heroin. Regardless of how you go here, however, chances are that you were arrested for some form of drug possession if you have landed on this page.

The biggest thing you cannot afford to do is take your East Brunswick cds possession charge too lightly, especially if the offense involves drug distribution. Each and every possession offense carries a criminal record and driver’s license suspension of 6 months in New Jersey. The ramifications are overwhelming much worse since possession of virtually all drugs except weed result in indictable felony charges of the third degree. All CDS possession charges must therefore be approached with seriousness and appreciation of the benefit that an experienced attorney can provide.

Our East Brunswick drug possession defense firm has been fighting drug charges like yours for decades and includes several former prosecutors who know the ins and outs of the court system like the back of their hands. If you are faced with drug possession at the Middlesex County Superior Court or even in East Brunswick Municipal Court, we are nicely qualified to handle your case. Call our East Brunswick Law Office now at 732-227-1200 for an immediate free consultation.

Drug Possession Charges in East Brunswick Township

Under N.J.S.A. 2C:35-10, “[i]t is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice.”  A controlled dangerous substance for purposes of this statute means all drugs listed in Schedules I, II, III, IV, and V, as well as those drugs listed specifically in the statute (i.e. marijuana, cocaine, heroin, etc.).  

In addition to the item having to be some form of CDS, there are several elements that must be established under 2C:35-10. Possession must be knowing or purposeful. What this means is that mere recklessness or negligence will not suffice to sustain a conviction for possession of drugs/cds. Possession can be actual or constructive provided it is intentional. Actual possession is a pretty straightforward concept.  It arises where the accused is found in physical possession of the cds. Constructive possession is slightly less straightforward. This term refers to the circumstance where the drug is not on the individual’s person or under their direct control (e.g. in their purse, pocketbook, etc.) but where they are aware of the presence of the CDS and have both the ability and intent to exercise control over it in the future.  

Penalties for Possessing Drugs & CDS

If the state can show the requisite state of mind and actual or constructive possession of an illegal drug/CDS, then this violation is typically a third degree crime. What this means is that you are subject to a fine of up to $35,000 and between 3 and 5 years of incarceration in one of New Jersey’s state prisons. As previously stated, you will also have a felony criminal record and face a mandatory driver’s license suspension. The period of revocation can range from six (6) months all the way up to twenty-four (24) months if you are convicted of possession of CDS in a motor vehicle. All of these penalties are further enhanced if the conduct involved possession with intent in a school zone or within 500 feet of a public park.

Possession Charge Defense Attorneys, East Brunswick NJ

This information, while certainly terrifying, is not meant to scare you, but rather to impress upon you the importance of obtaining the best legal counsel that you can afford.  The attorneys here at the Law Offices of Jonathan F. Marshall have over 100 years of collective experience defending against possession of CDS charges in East Brunswick.  As former prosecutors themselves, our team of local lawyers, including a former East Brunswick prosecutor and another who is the former director of the drug task force in Middlesex County, know the ins and outs of defending a drug/cds possession offense and how best to minimize whatever criminal liability your possession charge involves.  So please, if you or a loved one has been charged with possession of a CDS in East Brunswick, do not hesitate to contact us today for a free consultation with an experienced attorney about the particulars of your case.

 

Related East Brunswick Resource Pages

East Brunswick Drug Distribution Defense Lawyers

East Brunswick Heroin Attorneys

Marijuana Possession Charge in East Brunswick New Jersey

E. Brunswick Criminal Lawyer