North Brunswick Drug Possession Lawyer

Drug possession is a frequent basis for arrest in North Brunswick New Jersey. Charges for possessing a controlled dangerous substance (“CDS”) can arise in many forms with the severity of the offense hinging on the type and quantity charged. New Jersey law classifies controlled dangerous substances according to their potential for abuse and whether there is a valid medical use. Schedule I controlled dangerous substances like heroin, MDMA (a.k.a. Ecstasy or Molly), methamphetamine and marijuana are considered the most serious as they are the most addictive. There are five drug schedules in total which can result in a North Brunswick drug possession charge covering forms of CDS that include cocaine, LSD, Xanax, Suboxone and morphine. If you were arrested by the North Brunswick Police Department because you possessed a CDS/drugs, you need to find a qualified lawyer to defend your case as soon as possible.

When you need a North Brunswick drug possession lawyer, the team at the the Law Offices of Jonathan F. Marshall should definitely be at the top of your consideration. Our staff includes the former supervisor of the drugs task force in Middlesex County Prosecutor’s Office and we also happen to employ a former prosecutor in North Brunswick. Our lawyers are therefore highly experienced in dealing with disorderly persons offenses for possession of CDS in North Brunswick Municipal Court, as well as crimes of the third degree and fourth degree at the Middlesex County Superior Court. It also helps that the attorneys possess over 100 years of combined experience defending drug and CDS cases. To speak to an attorney with the expertise to thoroughly defend you, call our New Brunswick Office at (732) 246-7126 for a free consultation.

Controlled Dangerous Substance Possession in North Brunswick New Jersey

Drugs are classified as controlled dangerous substances under N.J.S.A. 24:21-5 through 24:21-8.1. The statute lists substances in schedules set up according to their potential for abuse by those taking them and the presence or absence of a proven medical use. Some of the drugs in the schedules are in common use to treat medical conditions when prescribed by and taken under a physician’s supervision, including Xanax, Oxycodone and Hydrocodone.

The fact that a drug or medication is widely prescribed by doctors does not mean you cannot be arrested and charged with committing a crime. N.J.S.A. 2C:35-10 makes it a crime to purposely or knowingly possess or obtain controlled dangerous substances. You could also be arrested for possessing a controlled dangerous substance analog, which is a so-called “designer drug” that is chemically created to mimic the effects of a controlled dangerous substance. K2 and Spice, for example, are chemical compounds designed to mimic the effects of marijuana.

If you are in possession of a controlled dangerous substance prescribed by a physician, you will be arrested and charged by police unless you are the patient. Possession of drugs prescribed to someone else drug possession and a crime under N.J.S.A. 2C:35-10.

North Brunswick Drug Possession Penalties

Representation by a criminal defense attorney who is thoroughly familiar with state laws pertaining to controlled dangerous substances is particularly crucial because of the complexity of the laws when it comes to the penalties judges may impose following a conviction. Penalties are determined by the type of controlled dangerous substance you are charged with possessing and the quantity at the time of your arrest.

For example, a conviction for possession of a controlled dangerous substance found on Schedule I through IV (except for marijuana) is an indictable crime of the third degree. A third degree crime, as well as a fourth degree crime, is indictable in nature and can only be dealt with at the Middlesex County Superior Court in New Brunswick. The penalties a judge at the county courthouse is authorized to impose for third degree possession of heroin, cocaine, Ecstasy, methamphetamine or other drugs include up to five years in prison and a fine of up to $35,000. Your driver’s license must also be suspended for 6-24 months

Schedule V substances, including codeine, are those with a low potential for abuse and for which there are medical uses, but the penalties are still severe because possession is an indictable offense of the fourth degree. It is also a fourth degree crime to possess more than 50 grams of marijuana contrary to 2C:35-10a(3) or at least 5 dosage units of prescription legend drugs such as Xanax, Adderall or Oxycontin in violation of N.J.S.A. 2C:35-10.5. You can do up to 18 months in prison and be assessed fines up to $15,000 ($25,000 for marijuana and $10,000 for prescription drugs) along with losing your driving privileges.

Lastly, is a disorderly persons offense that falls under the jurisdiction of the North Brunswick Municipal Court to possess 50 grams or less of marijuana in violation of 2C:35-10a(4) or fewer than 5 dosage units of a prescription drug. The penalties for this grade of drug/CDS possess include a fine of up to $1,000, up to 6 months in the county jail and a 6-24 driver’s license suspension.

Our lawyers can assist you avoiding penalties like these by securing diversion of your case under either the Conditional Discharge or Pretrial Intervention program.

North Brunswick CDS Possession Defense Attorney

If you are convicted of possession of CDS in North Brunswick or in New Brunswick (e.g. third degree or fourth degree crime), you will have a criminal record that will arise whenever you apply for a job, new apartment or engage in many other endeavors. If you are charged with drug possession in North Brunswick, give yourself a chance with a tough and seasoned criminal defense attorney from the Law Offices of Jonathan F. Marshall. Our attorneys have a proven record of success defending people against drug possession charges in North Brunswick and in the Middlesex County Superior Court. Contact us at 908-246-7126 to speak to a lawyer in a free consultation now.

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