Charged With Possessing Cocaine in Plainsboro New Jersey
Being charged with possession of drugs in Plainsboro can be a challenging experience, particularly if it involves a felony offense involving cocaine. The situation is even more complicated when the cocaine charge is for distribution. If you were arrested for cocaine possession or for selling cocaine in Plainsboro New Jersey, you need to make sure that you have representation from a skilled attorney.
The attorneys at the Law Offices of Jonathan F. Marshall have successfully been defending clients charged with cocaine offenses in Middlesex County for decades. In addition, our staff of criminal lawyers includes several former prosecutors who understand what you are up against and, more importantly, what is needed to thoroughly defend you. We offer free initial consultations to discuss your legal options and how to achieve the best outcome on your behalf. An attorney is standing by at 732-246-7126.
Plainsboro Cocaine Possession Offense
It is a third degree crime for someone to knowingly possess cocaine in any quantity under N.J.S.A. 2C:35-10a(1). To prove a Plainsboro cocaine possession offense, the Middlesex County Prosecutor’s Office must prove the following elements beyond a reasonable doubt:
- The drugs in question was cocaine;
- The defendant actually or constructively possessed this form of CDS; and
- The conduct was knowing.
Actual and Constructive Possession. The statute above covers both actual and constructive possession. Actual possession of cocaine means that the cocaine was on the defendant’s person. Constructive possession, by contrast, means that the cocaine was not on the defendant’s person, but that it was in the defendant’s domain and control. For example, cocaine found in your car would be considered constructive possession of the drugs.
Penalties for Possessing Cocaine in Plainsboro. If someone is convicted of cocaine possession then he or she faces 3 to 5 years in prison and a fine of up to $35,000.
Possession Within 1,000 Feet of a School. If someone is caught in possession of cocaine or another CDS in a school zone, then a court will order him or her to perform a mandatory 100 hours of community service. That will not be ordered, however, if the court sentences the person to a prison term.
Possible Defenses to Cocaine Possession. Because Marshall Firm attorneys have had so much experience with cocaine possession matters, we will be able to quickly analyze the facts of your case to determine the best strategy to defend. Some defenses that often come up in cocaine possession cases are as follows:
- The initial police stop was not justified.
- The police officer was not justified in taking the car stop to the next level by searching the interior of your car.
- The officer, when asking for consent to search your belongings or your car did not inform you that you had the right to refuse.
- The police lacked probable cause to arrest you.
Plainsboro Cocaine Distribution Charges
A cocaine case is significantly more serious when it involves allegations of manufacturing, distributing or possession with intent to distribute under N.J.S.A. 2C:35-5. Selling or distribution of cocaine escalates still further when the conduct occurs in a school zone in violation of 2C:35-7 or in a public park zone in accordance with 2C:35-7.1. First degree cocaine distribution, which arises when the quantity is 5 ounces or more, carries 10-20 years in prison and a fine of up to $500,000. Second degree possession with intent to distribute cocaine arises when the weight is at least one-half ounce but less than five ounces and triggers a fine of up to $150,000 and 5-10 years in prison. Distributing cocaine as a third degree crime is applicable when the quantity is less than one-half ounce and can result in a fine of up to $75,000 and 3-5 years in prison. For more information on this subject, you can refer to Plainsboro CDS Distribution Charges.
Plainsboro Cocaine Distribution Lawyer
A charge of cocaine possession or even more extreme, distribution of cocaine, can lead to serious penalties. That is the primary reason why you need to select the lawyer to defend you wisely. The Law Offices of Jonathan F. Marshall has a team of criminal attorneys that include the former director of the Gangs, Guns & Drugs Task Force of the Middlesex County Prosecutor’s Office. Our staff of seasoned lawyers unquestionably possess the know how required to effectively defend your cocaine charge. An attorney is available to speak with you 24/7 at 732-246-7126.
