Possession of CDS in Carteret New Jersey
The incidence of drug possession has grown over the past decade in Carteret New Jersey as a result of numerous factors. There is no disputing that the opiate problem has resulted in many charges involving heroin, Vicodin, Oxycodone and Hydrocodone. However, there are also many arrests for possessing marijuana, cocaine and MDMA (a.k.a. Molly & Ecstasy), as well. If you have been charged in Carteret with possession of any controlled dangerous substance (“CDS”), you need an experienced lawyer to defend you. The attorneys at our firm, the Law Offices of Jonathan F. Marshall, have collectively more than 100 years in practice and include two former prosecutors in Middlesex County. We have successfully handled countless drug possession cases in Carteret Municipal Court (e.g. possession of 50 grams or less of marijuana) and at the Middlesex County Superior Court in New Brunswick (i.e. crime of the fourth degree or third degree). Our lawyers understand the constitutional and other issues that provide a potential defense in a CDS case and we will work to formulate a strategy that will give you the best chance of eliminating or reducing your charge. Contact us today at 732-210-6241 to speak to an attorney with the skills to effectively represent you.
Drug Possession Charge in Carteret
It is illegal under N.J.S.A. 2C:35-10 for someone to knowingly possess a controlled dangerous substance (“CDS”) either actually or constructively without a valid prescription. This is commonly referred to as a drug possession charge. Actual possession in violation of 2C:35-10 means that you have the CDS on your person. Constructive possession means that the drug is not on your person but you have the ability and intent to exercise control over it in the future.
Elements to Prove a Carteret Drug Possession Offense. In order to be convicted of drug possession under N.J.S.A. 2C:35-10, the State needs to prove, beyond a reasonable doubt, the following elements: (2) the item in question was a CDS; (2) the accused possessed the drug; and (3) the conduct was knowing or purposeful.
Jurisdiction to Decide A CDS Charge. The jurisdiction of the Carteret Municipal Court is limited to deciding disorderly persons offenses. This largely involves adjudicating cases involving possession of 50 grams or less of marijuana and possession of drug paraphernalia. When someone is charged with a fourth degree or third degree crime for possessing CDS/drugs, their case must be forwarded to the County Courthouse in New Brunswick.
Penalties for Possessing CDS in Carteret. When someone is arrested for violating 2C:35-10 or, N.J.S.A. 2C:35-10.5 in the case of prescription legend drugs, the severity of the violation hinges on the type and quantity of CDS involved. The following chart summarizes grading and penalties when someone is convicted of possession of CDS/drugs.
| Grade of Offense | CDS/Drug | Fine | Period of Incarceration |
|---|---|---|---|
| Heroin | |||
| Cocaine | |||
| LSD | |||
| Third Degree Crime | MDMA/Ecstasy/Molly | $35,000 | Up to 5 Years in Prison |
| Methamphetamine | |||
| Other Schedule I, II, III or IV Form of CDS | |||
| Schedule V CDS | $15,000 | ||
| Over 50 Grams of Marijuana | $25,000 | ||
| Fourth Degree Crime | 5 or More Dosage Units of Xanax, Suboxone, Adderall, Hydrocodone, Oxycodone, Percocet or another prescription drug | $10,000 | Up to 18 Months in Prison |
| 50 Grams or less of Marijuana | |||
| Disorderly Persons Offense | 4 or fewer dosage units of a prescription legend drug | $1,000 | Up to 6 Months in Jail |
In addition to the penalties set forth previously, every drug possession conviction carries with it a 6-24 month driver’s license suspension. This is the case whether or not a motor vehicle was involved in the arrest. An entirely separate motor vehicle charge may also be filed when the incident occurs in or about a car, truck or other motor vehicle. This offense is referred to as possession of CDS in a motor vehicle and it carries a mandatory suspension of 24 months upon conviction.
Conditional Discharge & Pretrial Intervention. A first time offender facing a disorderly persons offense may apply for conditional discharge of the violation. A similar program called Pretrial Intervention applies when someone possesses drugs that result in a fourth or third degree crime.
Carteret CDS Possession Attorney
Dealing with a drug possession charge can be a stressful, confusing, and frustrating process. Our lawyers understand the difficulties and concerns that a person experiences after they are arrested for possessing Xanax, heroin, cocaine, LSD or another type of CDS. We are accomplished defense attorneys who have defended drug cases in Carteret Municipal Court and at the Middlesex County Superior Court for decades. It also helps that two of the members of our team are former prosecutors in the county. Contact the Law Offices of Jonathan F. Marshall at 732-210-6241 to speak to a lawyer about the fact and circumstances of your Carteret CDS case. An attorney is available around the clock to provide assistance.
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