Courts We Serve
- 18 February, 2018
- 27 December, 2016
- 26 December, 2016
Sayreville Drug Possession Lawyer
Possession of Heroin, MDMA, Methamphetamine, LSD, Cocaine, Marijuana, Prescription Drugs or Another CDS in Sayreville New Jersey
If you were recently arrested and charged with drug possession in Sayreville, New Jersey, you are almost certainly worried about the outcome of your case and your concern is reasonably based. Since the “War on Drugs” began in the 1970s, laws targeting those who possess or distribute controlled dangerous substances (“CDS”) have progressively gotten stronger and the penalties for violating those laws more severe.
The are many varieties of CDS and grades of criminal offense that can arise in the Borough of Sayreville as the result of drug possession. The most common type of CDS charge is possession of marijuana in Sayreville. The violation on the rise in the municipality is, however, Sayreville cocaine charges. Numerous individuals are also arrested in Sayreville for possessing other types of drugs, including MDMA (e.g. Ecstasy & Molly), Heroin, LSD, Methamphetamine and Prescription Legend Drugs. Whether you are facing one of these or another because your allegedly possessed drugs Sayreville, you are going to want to enlist a knowledgeable defense lawyer to help you avoid stiff penalties.
Our Sayreville Criminal Lawyers are accomplished in defending those accused of possessing CDS in Middlesex County, including in Sayreville. Whether your offense involves a disorderly persons offense, fourth degree crime or third degree crime, we have over 100 years of experience to insure that you receive the best defense available. To speak to one of the attorneys at the Law Offices of Jonathan F. Marshall, contact us anytime 24/7. An attorney can be reached immediately by calling 732–227–1200.
Charged With Drug Possession in Sayreville NJ
For the most part, the New Jersey Drug Possession Law follows the classification of controlled dangerous substances (CDS) found in the federal Controlled Substances Act, 21 U.S.C. §801 et. seq., which uses schedules to classify controlled substances based on their risk of addiction and known medical uses. The Schedules are as follows:
- Schedule I – extremely addictive and have no known medical uses. Includes LSD, MDMA, heroin, and even marijuana.
- Schedule II – extremely addictive, but may have legitimate medical uses. Includes amphetamines, methamphetamines, PCP, morphine, and cocaine.
- Schedule III – less risk of abuse or addiction than Schedule II drugs with legitimate medical uses. Includes stimulants, depressants, and steroids.
- Schedule IV – low risk of abuse or addiction with widely accepted medical uses. Includes Xanax, Valium, tranquilizers, and sedatives.
- Schedule V – very little risk of addiction with common medical uses. Includes drugs like Tylenol with codeine.
Under N.J.S.A, 2C:35-10, it is a crime to knowingly possess, either actually or constructively, CDS without a valid prescription. Actual possession means that the drug was in the physical custody of the accused. Constructive possession applies when someone lacks direct custody but is aware that the CDS is present and has both the ability and intent to possess it in the future. Either variety of possession in Sayreville results in the following penalties under 2C:35-10:
- Third Degree Crime. Possession of a Schedule I, II, III or IV drug, including cocaine, heroin, MDMA, methamphetamine and LSD, is a third degree crime punishable by a fine of up to $35,000 and 3-5 years prison.
- Fourth Degree Crime. It is a fourth degree crime to possess over 50 grams of marijuana, a Schedule V CDS or five dosage units or more of a prescription legend drug such as Xanax, Suboxone, Valium, Oxycodone, Hydrocodone or another medication. The maximum jail term for fourth degree possession is 18 months and the potential fine is $25,000 for marijuana, $15,000 for a Schedule V drug and $10,000 for prescription drugs.
- Disorderly Persons Offense. Possession of 50 grams or less marijuana, 5 grams or less of hashish (a.k.a. hash or hash oil) or 4 or fewer dosage units of a prescription legend drug is a disorderly persons offense (a misdemeanor), punishable by a fine of up to $1,000 and up to 6 months in jail.
In addition, if the offense was committed within 1,000 feet of property owned and operated as a Sayreville school, triggers a an obligation to perform at least 100 hours of community service. Lastly, there is a mandatory driver’s license suspension of 6-24 months that must be imposed in the event an individual is convicted under 2C:35-10 for possession of CDS.
Sayreville CDS Possession Defense Attorney
If you have been charged with a drug possession in Sayreville, it is in your best interest to contact an experienced defense attorney to discuss what defenses will work best given the unique facts and circumstances of your case. Here at the Marshall Law Firm, our lawyers can offer you decades practicing in the Sayreville and the rest of Middlesex County. In fact, one of the attorneys in the firm is the former director of the Gangs, Guns and Drugs Task Force of the Middlesex County Prosecutor’s Office. To speak to a lawyer about the facts the led to your being arrested, call us anytime of day or night for immediate assistance.