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Middlesex County Criminal Defense Lawyer

  • Over 100 Years of Combined Experience
  • Practice Exclusively in DUI & Criminal Defense
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Metuchen Drug Possession Attorney

Charged With Possession of Marijuana, Cocaine, Heroin, Xanax & Other CDS in Metuchen New Jersey

Contact Our Former Metuchen & Middlesex County Prosecutors for Skilled Representation

The police in Metuchen and other Middlesex County municipalities issue many drug possession charges involving heroin, marijuana, cocaine, LSD, MDMA (e.g. Molly or Ecstasy) and other controlled dangerous substances (“CDS”).  This type of offense is an indictable felony crime except where someone possesses 50 grams or less of marijuana, 4 or fewer dosage units of a prescription drug (e.g. Xanax, Oxycodone, Hydrocodone, etc.) or 5 grams or less of hashish. The penalties that apply at the time of conviction are also quite stiff. All of this makes it abundantly important that you retain a savvy attorney to defend your Metuchen CDS possession offense.

The criminal defense attorneys at the Law Offices of Jonathan F. Marshall have more than a century of combined criminal law experience appearing in Metuchen Municipal Court and in the Middlesex County Superior Court in New Brunswick. In fact, our staff includes lawyers who have served as prosecutors in both these venues. Jason Seidman was even the Director of the Gangs Guns & Drugs Task Force of the county. A highly skilled lawyer on our team is ready to formulate an aggressive defense strategy to successfully defend the drug possession charge that was filed in Metuchen.  and avoiding the harsh penalties and permanent criminal record associated with a conviction. Contact our New Brunswick Office at 732-246-7126 anytime 24/7 for a free consultation.

CDS Possession in Metuchen New Jersey

New Jersey uses a system of schedules to classify drugs depending upon potential for abuse.  The schedules are found in N.J.S.A. 24:21-5 through 24:21-8.1. Schedule I is reserved for the most dangerous forms of CDS and include heroin, MDMA, Molly, LSD, PCP, peyote, GHB and mescaline. Schedule II includes cocaine, hydrocodone, oxycodone, fentanyl, methadone, methamphetamine and Adderall. Ketamine, benzphetamine and anabolic steroids are contained on Schedule III. Schedule IV and V are less addictive.

Under N.J.S.A. 2C:35-10, it is illegal to knowingly possess any CDS without a valid prescription. It is important to keep in mind that you can be arrested and charged with violating N.J.S.A. 2C 35-10 without being in actual, physical possession of a controlled dangerous substance. This is known as constructive possession. If police find drugs in your vehicle or in a room, you can be charged under the theory of constructive possession. This applies when you are not in physical possession but have knowledge of the presence of the drug and the intention to take control over it in the future.

 The severity of a drug possession offense hinges on the type of drug since vary degrees of crime are set forth under this statute. It is a third degree crime under subsection 2C:35-10a(1) to possess a Schedule I, II, III or IV CDS with penalties including a fine of up to $35,000 and up to 5 years in prison. N.J.S.A. 2C:35-10a(2) makes it a fourth degree crime to be in possession of a Schedule V CDS with penalties that include a maximum fine of $15,000 and up to 18 month in prison. It is also a fourth degree crime to possess over 50 grams of marijuana or over 5 grams of hashish. The potential fine is up to $25,000 for this violation. Finally, N.J.S.A. 2C:35-10a(4) makes it a disorderly persons offense to possess 50 grams or less of marijuana. You can refer to our Metuchen marijuana offense page for more information on this variety of Metuchen CDS possession.

A felony CDS possession offense such as a third degree or fourth degree crime falls under the jurisdiction of the Middlesex County Superior Court which is located in New Brunswick. A disorderly persons offense for possessing drugs is heard in Metuchen Municipal Court. Irrespective of which court the case is heard, a conviction results a criminal record that can impact your life in many ways. A viable option for avoid a conviction is conditional discharge when the charge involves a disorderly persons offense and pretrial intervention when someone is facing a third degree crime or fourth degree crime.

Metuchen NJ Drug Possession Defense Lawyer

A Metuchen NJ drug possession defense lawyer at the Law Offices of Jonathan F. Marshall understands how important it is to prevent you from being affected by the harsh penalties and life altering consequences of a CDS conviction. Our attorneys are committed to pursuing all available legal defenses, including challenging the constitutionality of motor vehicle stop, search and seizure of your car, residence or other property, and to fight to get you the very best result in Metuchen Municipal Court at the County Courthouse in New Brunswick New Jersey.  Put one of our seasoned criminal lawyers to work for you by calling us now at 732-246-7126. An attorney is always available to speak to you in a free consultation.