Charged With Possession of CDS in the City of Perth Amboy
There is no doubting the fact that drug possession can get you into considerable trouble in Perth Amboy New Jersey or anywhere else in the state. Possessing a controlled dangerous substance (“CDS”) like cocaine, heroin, MDMA (e.g. Molly or Ecstasy), LSD or prescription drugs like Xanax, Percocet, Valium, Oxycodone or Suboxone, results in significant penalties that can negatively effect your future. This is why you should strongly consider contacting a skilled lawyer immediately.
Attorneys with exceptional qualification at the Law Offices of Jonathan F. Marshall are ready to help you avoid the negative impact of a drug/CDS offense in Perth Amboy Municipal Court or the Middlesex County Superior Court in New Brunswick. Our former prosecutors and highly accomplished defense lawyers are available at your convenience for a free consultation. Contact our Woodbridge Office at 732-751-4458 to speak to an attorney now.
Drug Possession Charge in Perth Amboy New Jersey
Almost every drug possession charge in Perth Amboy New Jersey arises out of N.J.S.A. 2C:35-10. This law makes it a disorderly persons offense, fourth degree crime or third degree crime to knowingly possess a controlled dangerous substance (“CDS”) without authority to do so (i.e. a prescription). CDS and drugs falling within this prohibition are not limited “street drugs” such as cocaine (e.g. powder or crack), LSD and heroin but also include prescription legend drugs that may only be prescribed by a doctor.
N.J.S.A. 2C:35-10a(4) makes is a disorderly persons offense to possess 50 grams or less of marijuana. For more information on this charge, you can refer to our Perth Amboy Marijuana Possession page. Possession of four or fewer dosage units of a prescription drug like Adderall, Xanax, Valium, Hydrocodone, Suboxone or Oxycodone also results in a disorderly persons offense. The penalties for a disorderly persons offense for unlawfully possessing CDS/drugs include a fine of up to $1,000 and up to 6 months in the Middlesex County Jail. An individual convicted in this manner will also be strapped with a criminal record and suspension of their driver’s license.
Possession of over 50 grams of marijuana, a Schedule V CDS or 5 or more dosages of a prescription legend drug is a fourth degree crime. The penalties for a Perth Amboy fourth degree drug possession charge include up to 18 months in prison, a maximum fine ranging from $10,000 to $25,000 depending on the type of CDS and a 6-24 suspension of your privileges to drive a motor vehicle.
If you are caught in possession of a Schedule I, II, III or IV CDS in Perth Amboy, you may be charged with a third degree crime under N.J.S.A. 2C:35-10a(1). Common drugs falling within this title include heroin, cocaine, Ecstasy, Molly, MDMA, LSD, and methamphetamine. A conviction for knowingly possessing CDS in violation of 2C:35-10a(1) results in a fine of up to $35,000, up to 5 years in state prison and a driver’s license suspension of 6-24 months.
Jurisdiction Over Your Perth Amboy Possession Offense. A drug possession drug that is a disorderly persons offense is heard in Perth Amboy Municipal Court. For more information concerning this variety of CDS offense, you can refer to our Perth Amboy Municipal Court Lawyer page. More serious possession offense, those falling within the grade of a fourth or third degree crime, can only be dealt with at the county courthouse in New Brunswick since they are indictable in nature. This is where you case will be handled if you are facing a drug charge under 2C:35-10a(1), 2C:35-10a(2) or 2C:35-10a(3).
Diversion of Drug Possession Charges in Perth Amboy. A first time offender charged with possession of drugs/CDS in Perth Amboy is eligible for either Conditional Discharge (i.e. for disorderly persons offenses) or Pretrial Intervention (i.e. when the offense is a third or fourth degree crime). Successful completion of either programs allows a defendant to avoid a criminal record and other consequences associated with a drug offense. It is always best to consult with a seasoned criminal defense lawyer to ensure admission into these diversionary programs.
Perth Amboy CDS Possession Attorney
The impact of a Perth Amboy CDS possession charge can obviously be devastating. This is why it is crucial that you contact an experienced attorney who has the ability to fight your case at trial or to negotiate a reduction of your charge or punishment with the prosecutor. The attorneys on the defense team of the Marshall Law Firm have these abilities. To speak to one of the lawyers on our team immediately, call 732-246-7126.