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Middlesex County Criminal Defense Lawyer

  • Over 100 Years of Combined Experience
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Milltown Drug Possession Attorney

Possession of Marijuana, Ecstasy, LSD, Heroin, Xanax or Other CDS in Milltown New Jersey

Former Middlesex County Prosecutors Are Prepared To Defense Your Milltown Possession Charge

New Jersey Law imposes harsh penalties for those who possess drugs like marijuana, LSD, heroin, Xanax and other CDS in Milltown New Jersey.  Increased efforts by the police in Milltown to investigate and arrest people suspected of possessing illegal drugs is evidence by the number of cases flowing into the courts in Milltown Municipal Court and the Middlesex County Superior Court. If you have been charged with drug possession in Milltown, you need to hire a skilled attorney to maximize your chances of avoiding significant penalties, including jail/prison, thousands in fines and a suspension of you driver’s license.

At the Law Offices of Jonathan F. Marshall, our criminal defense team includes lawyers with over 100 years combined experience defending drug/CDS charges in Middlesex County, including Milltown. In most cases, a lawyer at the firm has also served as a prosecutors, including one who was the Director of the Drugs Task Force in the county. To speak to one of our attorneys about the facts and circumstances leading to your arrest, contact our office anytime 24/7. An attorney is available for free consultation now at 732-246-7126.

CDS Possession in Milltown New Jersey

Drugs are classified as controlled dangerous substances in New Jersey according to the potential for abuse and whether there are recognized medical uses for it. Controlled dangerous substances are listed in a series of schedules with Schedule I drugs being those with the highest potential for abuse and offering no recognized medical use. Heroin, methamphetamine and MDMA (a.k.a. Molly & Ecstasy) are contained in Schedule I. And do not be misled by news reports of legalization of marijuana because it remains on Schedule I. Possession of marijuana continues to be a crime in New Jersey.

Simply because a medication is widely used for the treatment of certain medical conditions does not exclude them from inclusion in the drug schedules. For example, Oxycodone, Hydrocodone and Adderall are Schedule II CDS despite there wide use. Conversely, a drug that has no legitimate medical use like cocaine is also contained in Schedule II. Schedule III largely contains prescription legend drugs such as Vicodin and Suboxone. Ketamine is also contained on Schedule III. Common Schedule IV drugs include Xanax, Percocet, Valium and Klonopin.

When something is CDS, it cannot be knowingly possessed without a prescription under N.J.S.A. 2C:35-10. This law allows someone to be arrested for drug possession even where controlled dangerous substance is not in the physical control of the accused. The legal principle of constructive possession allows police to arrest you for being aware of the presence of a dangerous controlled substance and having the ability and intent to exercise future control over it. For example, if police stop a vehicle in which you are riding and find controlled dangerous substances in it, they can arrest all occupants with knowledge of its presence and intent to exercise future control for drug possession.

Seasoned criminal defense lawyers know that constructive possession arrests can involve violations of a person’s Fourth Amendment rights under the United States Constitution to be protected against unlawful searches and seizures. A motion to suppress evidence and prevent its use by the prosecution is a method used by our attorneys when defending someone charged with drug possession.

Milltown Drug Possession Penalties

The penalties for possessing controlled dangerous substances in violation of N.J.S.A. 2C:35-10 depend upon the type of drug and its weight. Possession of methamphetamine, heroin, ecstasy and other substances listed in one of the CDS schedules can result in the following penalties if you are convicted:

  •   Imprisonment for up to five years

  •   Fines up to $25,000

  •   Suspension of your driver’s license

  •   Court ordered drug screening and substance treatment program

If police notice a CDS in your vehicle, not only can you be arrested and charged with drug possession, but your vehicle can be seized and retained by the government under N.J.S.A.2C:64- 1.

The completion of your sentence does not end the impact a drug possession conviction has on your life. Possession of CDS is a crime that leaves you with a permanent criminal record causing many employers to refuse to hire you.

There are two diversionary programs that can provide relief from the harsh consequences of a drug possession conviction and they are Pretrial Intervention and Conditional Discharge. You are strongly encouraged to obtain the guidance of a seasoned drug possession lawyer if it is your desire to take advantage of either program since there are strict guidelines to eligibility.

Milltown NJ CDS Possession Defense Lawyer

There is no debating the fact that you need to select the best defense lawyer you can find if you are facing a CDS possession charge in Milltown. The attorneys at the Law Offices of Jonathan F. Marshall offer an excellent option in this respect with numerous former prosecutors and a team of veteran litigators with over a century of experience. To speak to one of the lawyers in a free consultation, call 732-246-7126. An attorney is available to speak to you 24 hours a day and seven days a week.

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