Courts We Serve
- 27 December, 2016
- 26 December, 2016
- 3 December, 2016
Middlesex Borough Cocaine Lawyer
Contact Our Criminal Defense Firm To Speak To The Former Director of the Middlesex County Drug Task Force About Your Cocaine Charge
If you were giving a ride to some friends and your car was stopped by members of the Middlesex Borough Police Department, you’re probably reading this because police searched your car and now you’re charged with cocaine possession or possibly even distribution of cocaine. Police might not have discovered the drug on you, but New Jersey laws allow them to charge everyone in the vehicle through the legal principle of constructive possession. Now you are charged with the equivalent of a felony and could go to prison for up to five years if convicted of this Middlesex cocaine charge. You are at a turning point in your life and need a dedicated and resourceful lawyer with the experience and knowledge to defend you against this serious criminal offense.
The cocaine possession defense lawyers at the Law Offices of Jonathan F. Marshall compiled an outstanding record as experienced criminal defense litigators and former Middlesex County municipal and county prosecutors with more than 100 years of combined criminal law and criminal defense experience. By concentrating exclusively on criminal defense, our team of attorneys has developed unsurpassed courtroom skills and makes use of the most effective defense strategies to offer you the best chance of avoiding a conviction and the consequences associated with it. Our commitment to our clients begins by having an attorney available around the clock for you to speak with to get answers to your questions and address your concerns. Contact our Piscataway Office now at (732) 562- 0308 for a free consultation with a lawyer.
Cocaine Offense in Middlesex Borough
Possession of controlled dangerous substances in Middlesex Borough is a crime under N.J.S.A. 2C:35-10. Possession of cocaine, a Schedule II CDS, results in a third degree crime. is a violation of this law. New Jersey lists drugs in schedules according to the risk of abuse by those taking the drug and whether there is a recognized medical use for it. As a Schedule II controlled dangerous substance, cocaine is considered to have a high risk of abuse, but it avoids being a Schedule I CDS only because it has recognized medical uses. Nonetheless, unless used under the supervision of a physician who prescribes it, possess of cocaine is illegal.
When cocaine is sold, distributed or possessed with intent to distribute in Middlesex New Jersey, the law that applies is N.J.S.A. 2C:35-5. This law prohibits the knowing distribution or possession with intent to distribute CDS without a license to do so. When the distribution occurs within 1,000 feet of school property, a school zone charge also arises. The same is true if cocaine or another drug is being distributed within 500 of a public park or housing project.
All cocaine charges are indictable in nature and fall outside the authority of the Middlesex Borough Municipal Court. Whether the case based on allegations of personal possession or selling cocaine, the offense can only be heard at the Middlesex County Superior Court in New Brunswick New Jersey.
Our attorneys carefully review the facts and the evidence to identify possible defenses. For example, prosecutors must prove cocaine possession was intentional, so there must be evidence proving you knew the substance was cocaine.
Defenses pursued on your behalf may include motions to suppress evidence obtained by police in violation of your rights under the Fourth Amendment to the U.S. Constitution. If police stop you for a traffic violation, they usually cannot lawfully search your vehicle without probable cause or your express consent. An unlawful search can lead to a judge refusing to allow prosecutors to use the evidence to prove the cocaine possession charge.
Another possible defense in a cocaine possession case is the accuracy of the laboratory analysis of the substance the prosecution claims is cocaine. Lab technicians make mistakes that an aggressive defense attorney can use to cast doubt on the identification of the substance as cocaine.
Middlesex Borough Cocaine Possession Penalties
Possession of cocaine is an indictable crime of the third degree. A violation of N.J.S.A. 2C:35-10 would be a felony in states other than New Jersey. Felony convictions remain a part of your permanent criminal record. Many employers refuse to hire someone with a felony conviction even after you have completed the terms of the sentence imposed by the court. Avoiding a conviction is the best way to prevent the stigma associated with a criminal record.
Penalties for cocaine possession include fines up to $35,000 and imprisonment for up to five years. Your driver’s license will be suspended for at least six months and for as long as 24 months. You could be ordered to up to 100 hours of community service as an additional penalty if the offense occurred within 1,000 feet of a school or a school zone.
Distribution of cocaine can result in a first degree, second degree or third degree crime depending on the weight involved. First degree distribution results in 10-20 years in prison and up to a $500,000 fine and is triggered when a quantity of 5 ounces or more is sold. Second degree cocaine distribution applies where the weight is at least one half ounce but less than 5 with penalties that include up to a $150,000 fine and 5-10 years in prison. Possession with intent to distribute less than one half ounce of cocaine results in a fine of up to $75,000 and 5 years in prison. The penalties escalate if the conduct occurs in a school zone or public park zone.
Middlesex Borough Cocaine Possession Defense Attorney
The Middlesex Borough cocaine lawyers at the Law Offices of Jonathan F. Marshall focus their efforts on providing aggressive and innovative legal representation that challenges the evidence to make it difficult to prove the allegations against you. Our attorneys utilize over a century of combined experience to succeed on your behalf. In fact, one lawyer on our team even has the benefit of serving as the Drug Task Force Director in Middlesex County. Contact us now at (732) 562-0308 to speak to a defense attorney immediately.
Related Middlesex NJ Pages & Posts
CDS Distribution Lawyer in Middlesex Borough New Jersey