A category of criminal offense that is commonplace in New Brunswick is drug possession. This type of charge can involve a disorderly persons offense, fourth degree crime or third degree crime depending on the type and quantity of controlled dangerous substance (“CDS”) possessed. If you were arrested for possessing drugs of any kind in New Brunswick, you face penalties that can seriously impact your life. It is therefore in your interests to secure representation from an attorney who is proficient in defending marijuana, cocaine, MDMA and other possession cases in New Brunswick. Our firm, the Law Offices of Jonathan F. Marshall, certainly has this characteristic with over a century of combined experience and several lawyers who are former prosecutors. A lawyer in our office, Jason Seidman, is even the former director of the gangs, guns and drugs task force of the Middlesex County Prosecutor’s Office. Attorneys are prepared to discuss your drug case anytime of day without obligation by calling 732-210-6241.
CDS Possession Charge in New Brunswick New Jersey
Most CDS possession charges in New Brunswick arise out of N.J.S.A. 2C:35-10. This statute makes it illegal to knowingly possess drugs without a valid prescription. The penalties stemming from this violation hinge on variety of drug involved and amount in possession. The headings below summarize treatment of a possession offense under this law.
- Possession of CDS contained in Schedule II, II, III or IV. If you are convicted for possessing CDS that appears on these schedules, for example, heroin, cocaine, MDMA, LSD or methamphetamine, you face penalties for a third degree crime under 2C:35-10a(1) including a fine of up to $35,000 and up to 5 years in prison.
- Possession of CDS contained in Schedule V. It is a fourth degree crime under 2C:35-10a(2) to possess a Schedule V drug. The penalties for this offense include a maximum fine of $15,000 and up to 18 months of incarceration.
- Possession of More than 50 Grams or Marijuana. It is also a fourth degree crime to possess more than 50 grams of marijuana. The penalties for this charge are contained at 2C:35-10a(3) and include a fine of up to $25,000 and imprisonment for up to 18 months.
- Possession of 50 Grams or Less of Marijuana. It is a disorderly persons offense in accordance with 2C:35-10a(4) to possess 50 grams or less of marijuana. Unlike a crime of the fourth degree or third degree which falls under the authority of the Middlesex County Superior Court, a misdemeanor marijuana case is heard in New Brunswick Municipal Court.
In addition to the penalties previously set forth, an individual convicted of possession of CDS/drugs or drug paraphernalia in New Brunswick also faces a mandatory driver’s license of 6-24 months. If you possessed drugs within 1,000 feet of school property (i.e. in a school zone), you are required to perform at least 100 hours of community service.
Diversion of a Possession Offense. An individual can escape prosecution for a possession offense through Pretrial Intervention when they are facing an indictable crime and through Conditional Discharge for a disorderly persons offense. These programs allow someone to avoid a record and penalties under 2C:35-10 but are reserved to first time offenders.
New Brunswick CDS Possession Defense Lawyer
While CDS possession arises frequently in New Brunswick, do not be fooled into believing that it is anything other than a serious offense. If you fail to avoid a conviction you face a criminal record for possessing drugs and penalties that can land you in prison for years. A highly qualified defense lawyer at the Marshall Law Firm can help insure that this does not occur. For a consultation with an attorney to go over the motor vehicle stop, search of your vehicle, entry into your residence or any other facts and law surrounding your arrest, contact our New Brunswick Office. Lawyers on staff at the firm are ready to address any questions you may possess and counsel you on the best options for a favorable outcome. Call 732-210-6241 to reach one of our attorneys immediately.
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