Charged With Possession of Marijuana, Cocaine, Xanax, LSD, Ecstasy, Heroin or Another CDS in Highland Park New Jersey
A Former Middlesex County Prosecutor At Our Firm Is Ready To Defend You
It is illegal to possession any drug that is considered a controlled dangerous substance (“CDS”) without a prescription in Highland Park or anywhere else in New Jersey. With the exception of possessing 50 grams or less of marijuana, 5 or less grams of hashish or four or fewer dosage units of a prescription drug, it is a felony to violate the law in this manner. Selecting an attorney who is accomplished in defending CDS possession charges is clearly important to avoiding the consequences of a conviction.
The lawyers at the Law Offices of Jonathan F. Marshall are well equipped to represent you if you have been charged with possession of drugs/CDS in Highland Park. Our team includes several former prosecutors in Middlesex County, including a lawyer who is the former director of the Gangs Guns & Drug Task Force. To speak to one of the attorneys at the firm in a free consultation, call 732-246-7126.
Lawyers Who Are Highly Skilled In Defending A Highland Park CDS Possession Charges
An individual may be convicted of possession under N.J.S.A. 2C:35-10 if they knowingly or purposely obtain or possess a controlled dangerous substance without a prescription. This violation is commonly referred to as “simple possession”. This should be distinguished from distribution of drugs in Highland Park where N.J.S.A. 2C:35-5 is the operative statute.
To be in possession of a drug does not mean that the drug has to be physically on you at the time that you are arrested. If the drug is constructively under your control, they are considered to be in your possession. For example, simply stowing a CDS in a storage locker to which you have access is also considered possession.
That said, simply being in proximity of a drug or hanging out with drug users who are in your presence does not mean that you are in possession of a drug. But if you did, in fact, use the drug you can be charged with possession. Every drug case is fact-sensitive, so feel free to call us for a free consultation where we can discuss your rights and the options available for your defense.
The most common drugs resulting in a Highland Park possession of CDS charge are:
- Marijuana
- Cocaine
- Heroin
- Ecstasy (a.k.a. Molly or MDMA)
- LSD
- Xanax
- Oxycodone (e.g. Percocet)
- Hydrocodone (e.g. Vicodin)
- Adderall
The penalties for simple possession depend on the specific drug involved in the offense and upon the quantity possessed:
- Possession of a Schedule I, II, III or IV drug such as methamphetamine, LSD, MDMA, or heroin is a third degree felony, subject to a fine of up to $35,000, 3-5 years of incarceration.
- Possession of a Schedule V drug such as prescription cough syrup, Tylenol, or Xanax is a fourth-degree felony, subject to a fine of up to $15,000 and 18 months of incarceration.
- Possession of more than 50 grams of marijuana, or more than 5 grams of hashish is a fourth-degree felony, subject to a fine of up to $25,000 and up to 18 months of incarceration.
- Possession of less than 50 grams of marijuana, or 5 grams of hashish is a disorderly persons offense (a misdemeanor), subject to a fine of up to $1000, up to 6 months of incarceration.
The penalties will be enhanced if the offense took place within 1000 feet of school property or within 500 feet of a public facility or public property.
Defending a Drug Possession Charge in Highland Park, New Jersey
If you have been charged with drug possession in New Jersey, in addition to the possible fines and jail time, you are also looking at losing your driver’s license, whether you were stopped in a car or not.
But, once you are a client of our law firm, we will immediately contact the court and enter a not guilty plea on your behalf and request all of the prosecution’s evidence, including a certified lab report from the state.
We will also postpone your court date in order for us to review the evidence and look for a valid defense to the charge based on a violation of your constitutional rights. Most often, we will look to attack the police search if it was not legal and also move to dismiss the case if a valid lab report was not provided.
If all if the evidence comes back against you and this is your first offense, we will move to divert the matter so that after a period of probation, the charge will be dismissed, avoiding a criminal record and the loss of your driver’s license.
If you have prior convictions, we will work out a plea deal that will avoid the jail time. We can also file a hardship application on your behalf to save your driver’s license. The sooner you get in contact with us, the more we can do to help.
Highland Park CDS Possession Defense Lawyer
When facing a drug possession charge, you need aggressive representation from a defense lawyer with a track record of success. The lawyers at the Law Offices of Jonathan F. Marshall have over 100 years of combined experience and a rich history of avoiding convictions in CDS possession cases. If you were arrested in Highland Park for possession of marijuana, heroin, cocaine, LSD or another drug, an attorney at the firm is available immediately to answer your questions and address your concerns. An attorney can be reached 24/7 at 732-246-7126.
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