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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

Monroe NJ Drug Possession Lawyer

There is much more drug possession than you might anticipate in Monroe New Jersey. Although the largest number of cases in the Township involve possession of marijuana, this rural Middlesex County municipality also has its share of cocaine, heroin, LSD, MDMA and prescription drug offenses.  If you were charged with possession of any form of CDS in Monroe Township, you should definitely consider contacting a savvy criminal lawyer at our firm. 

Almost all Monroe drug possession charges involve a crime of the third degree or fourth degree. The only exceptions are for those possessing 4 or fewer dosage units of Xanax, Adderall, Oxycodone, Hydrocode or another prescription drug or possession of 50 grams or less of marijuana in Monroe Township. Irrespective of where your offense falls within this grading, you cannot afford to proceed without an accomplished attorney at your side.

The drug possession defense lawyers at the Law Offices of Jonathan F. Marshall possess the attributes that you need for success in defending your case. Our staff includes Jason Seidman, the former supervisor of the Gangs, Guns and Drugs Task Force of the Middlesex County Prosecutor’s Office and several other highly experienced attorneys that possess over a 100 years in practice combined. Contact us in New Brunswick Office at 732-246-7126 to speak to a knowledgeable lawyer without obligation. 

Drug Possession Offense In Monroe New Jersey

Because each drug related offense consists of a unique set of facts and circumstances, you should always consult with an experienced New Jersey drug defense attorney for specific advice on CDS charge. However, a basic understanding of possession charges is helpful if you were arrested in Monroe New Jersey. In legal terms, drugs are referred to as controlled dangerous substances (a.k.a. CDS). The United States Code of Federal Regulation classifies CDS under the Controlled Substances Act, 21 U.S.C. §801 et. seq., in five schedules (i.e. I through V).  New Jersey’s criminal code mirrors these schedules with the stiffest penalties apply for the most addictive drugs which are contained on Schedule I and Schedule V CDS being the least severe. The heading below outlines those drugs contained on each Schedule, as well as the degree of crime and associated penalties for possessing the substance.

Type of CDSDegree of OffenseFineIncarceration
Schedule I-IV (e.g. Cocaine, Heroin, LSD, Methamphetamine & MDMA)Third Degree$35,0003-5 Years
Schedule VFourth Degree Crime$15,000Up to 18 Months
Possession of Over 50 Grams of MarijuanaFourth Degree Crime$25,000Up to 18 Months
Possession of 5 or More Dosage Units of a Prescription Drug (e.g. Xanax, Vicodin, Valium, Suboxone, Percocet, Oxycodone)Fourth Degree Crime$10,000Up to 18 Months
Possession of 50 Grams or Less of MarijuanaDisorderly Persons Offense$1,000

Up to 6 Months

Possession of 4 or Fewer Dosage Units of a Prescription DrugDisorderly Persons Offense$1,000Up to 6 Months

 

In addition to the penalties previously set forth, you are subject to a mandatory suspension of your driving privileges if you possess drugs in violation of N.J.S.A. 2C:35-10. What’s more, the penalties will be more severe if the offense took place within 1000 feet of school property (i.e. school zone) since you must perform at least 100 hours of community service.

Defending a Drug Possession Charge in Monroe Township New Jersey

Drug charges often come about after law enforcement performs a search and seizure on your car, home or other property. An experienced criminal defense attorney may challenge the search and seizure that led to your arrest.

Unless one of the narrow exceptions apply, a warrant is required to search your home or office. This warrant must be based on probable cause. In addition, it must specifically describe the place to be searched and items to be seized.

Any evidence obtained in an illegal search and seizure is inadmissible at trial. The “Fruit of the Poisonous Tree” doctrine also prevents evidence obtained at a later date from being admitted as evidence if it was obtained as a result of the original illegal search and seizure.

Your defense lawyers may be also able to argue that you were unaware of the illegal nature of the drug in question (such as in the case of possession of a prescription medication), or that you were unaware that you were in possession of the drug (such as when drugs are hidden in your vehicle without your knowledge).

Monroe CDS Possession Defense Attorney

When you face a charge for possession of marijuana, heroin, cocaine, Molly, Ecstasy or another CDS, hiring an experienced criminal defense attorney is the ideal way to ensure a positive outcome and to avoid harsh penalties. The drug possession defense lawyers at The Law Offices of Jonathan F. Marshall are committed to bringing about the best possible resolution to your case. If you were arrested and charged for possessing CDS in Monroe, New Jersey, don’t waste time in retaining a skilled lawyer. Contact our East Brunswick office at (732) 227 – 1200 for an immediate free consultation to review your case with one of the accomplished attorneys on our staff.