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South Amboy Drug Possession Lawyer
An arrest for possession of a drug like marijuana, cocaine, LSD, cocaine, Xanax or another controlled dangerous substance (“CDS”) can be one of the most overwhelming and stressful incidents an individual can experience. Having an experienced defense lawyer by your side to deal with a drug possession charge ensures that you are protected. Our lawyers can serve you competently in this capacity as former prosecutors in Middlesex County, including serving as the director of the Gangs, Guns & Drugs Task Force in the county. The attorneys at the Law Offices of Jonathan F. Marshall will make sure that your rights are fully observed and all viable defense are presented so that the very best outcome is achieved. If you have been charged with drug possession in South Amboy New Jersey and would like the benefit of a free consultation with an attorney on our team, contact our Woodbridge Office (732) 634-0700.
Drug Possession Offense In South Amboy New Jersey
Drugs and compounds used to create them are classified as controlled dangerous substances (CDS) in New Jersey. N.J.S.A. 2C:35-10 makes it illegal to knowingly or purposely possess CDS without a properly issue prescription. You should also know that you need not have the drug in your physical possession to commit a violation of this law since actual and constructive possession suffice. Actual possession exists to when a drug is in your physical custody, such as in your pocket. Constructive possession occurs when you have knowledge of its presence and you also have the ability and intention to exercise control over the CDS. The classic example of this form of possession is drug hidden in a glove box or other location in a car.
Depending on the type and quantity of the drug, a violation of 2C:35-10 can result in a disorderly persons offense (a misdemeanor) or an indictable crime (e.g. third degree or fourth degree). Disorderly persons offenses are less serious than indictable crimes and therefore receive less jail time and smaller fines. The primary examples of a disorderly persons offense for possessing drugs in South Amboy are possession of 50 grams or less of marijuana and possession of 4 or fewer dosage units of a prescription drug. This grade of CDS possession results in up to 6 months in jail and a fine of up to $1,000.
When an arrest involves cocaine, heroin, MDMA (e.g. Molly or Ecstasy), more than 50 grams of marijuana, LSD, hydrocodone, oxycodone and a variety of other CDS, the charge becomes a felony. If you possess almost any of these more serious drugs, the offense is a third degree crime that results in 3-5 years in state prison and a fine of up to $35,000. Possession of more than 50 grams of marijuana and is more severe. But, even a small amount of a Schedule I-IV drug such as cocaine, heroin, or hydrocodone will be charged as a third-degree indictable crime, punishable by 3-5 years in prison and a fine of up to $35,000.
A charge under 2C:35-10 can also result in a fourth degree crime. This occurs when possession involves over 50 grams of marijuana, over 5 grams of hashish or 5 or more dosage units of Xanax, Percocet, Vicodin, Valium, Oxycontin, Adderall, Suboxone or another prescription drug. The penalties for forth degree possession include up to 18 months in prison and a maximum fine ranging from $10,000 to $25,000.
Defending a Drug Possession Charge in South Amboy New Jersey
If you are charged with drug possession, you need to ask yourself a few very serious questions:
- How will a conviction impact my life, my hopes, my dreams?
- Will I still be able to go to college?
- Will I be able to get the job that I want or work in the industry that I desire?
- How will it affect my current employment?
Any conviction for drug possession, even if it’s only a misdemeanor, can have long-term consequences. A conviction can render a student ineligible for federal student loans and can delay or deny a person’s entry into the military. In many cases, however, a person charged with drug possession is eligible for a conditional discharge, or pretrial intervention. The benefits of a conditional discharge (disorderly person’s offenses only) or pretrial intervention (indictable offenses) is that if you are eligible, they will allow you to avoid a conviction and a criminal record for drug possession. If the case flows from a search of your car or home, we can look at whether the police exceeded the scope of the search and whether the search itself was legally valid. Furthermore, we can evaluate whether or not the state can prove that the drugs they found were in your possession and that you knew you were in possession of the drugs. If the state cannot prove every element of its case beyond a reasonable doubt, it may have to drop the charge against you.
South Amboy CDS Possession Defense Attorneys
One of the defense attorneys at the Marshall Law Firm is ready to take all necessary steps to help you secure the best resolution of your possession offense. We have more than 100 years of combined experience defending individuals charged with possession of cocaine, heroin, LSD, Ecstasy, Percocet or another CDS. If you were arrested for possessing CDS, give our firm call to speak to an attorney about what we can do to assist you in defending your South Amboy charges. A lawyer is available 24/7 for free consultations. Contact our office at (732) 634-0700 to speak to one of our lawyers now.
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