Possession of CDS in Plainsboro New Jersey
In a case that recently received considerable news coverage in Middlesex County, a 19-year-old man was arrested for drug possession five times in a twelve day span, including twice in Plainsboro New Jersey. While this matter is the extreme in terms of possession of CDS charges in Plainsboro, the truth is that individuals face marijuana, heroin, cocaine, LSD, MDMA (e.g. Molly and Ecstasy) almost every day. If you have been charged with any variety of drug possession in Plainsboro Township, you need a skilled lawyer to ensure you have every opportunity to avert the penalties imposed under the law. The team of defense attorneys at our firm, the Law Offices of Jonathan F. Marshall, are highly accomplished criminal litigators, including two former Middlesex County prosecutors. We can help you understand your legal options and aggressively represent you in Plainsboro Municipal Court or at the Middlesex County Superior Court in New Brunswick. An attorney is ready to discuss your possession offense now. Call us at 732-246-7126 to speak to one of our lawyers without obligation.
Drug Possession Charge in the Township of Plainsboro
It is illegal to possess a controlled dangerous substance (“CDS”) without a valid prescription under N.J.S.A. 2C:35-10. A drug is considered CDS if it either has no valid medical use or requires a prescription in order to distribute. The most commonly encountered drugs in Plainsboro are:
- Marijuana
- Cocaine
- Heroin
- Xanax
- Adderall
- Vicodin
- MDMA, Ecstasy & Molly
- LSD
- Hydrocodone
- Suboxone
- Oxycodone
- Valium
For someone to be convicted of CDS possession, the prosecution must prove, beyond a reasonable doubt, that: (i) the item in question is a controlled dangerous substance (CDS); (ii) the defendant actually or constructively possessed or obtained the item in question; and (iii) the defendant acted knowingly or purposely in possessing the item.
Drug Possession Penalties & Sentencing. The sentence imposed for a drug possession under 2C:35-10 varies depending on the type and amount of CDS in your possession. The headings below discuss the grading and penalties that apply at the time of sentencing under this law.
- Third Degree Crime. It is a third degree crime under 2C:35-10a(1) to possess a Schedule I, II, III or IV CDS such as heroin, cocaine, methamphetamine, LSD or MDMA. The penalties if you possess drugs in violation of this provision include 3 to 5 years in prison and a fine of up to $35,000.
- Fourth Degree Crime. It is a fourth degree crime to possess a Schedule V CDS, over 50 grams of marijuana or at least 5 dosage units of a prescription legend drug like Xanax, Oxycodone, Adderall, Percocet, Valium or Hydrocodone. A conviction for fourth degree drug possession results in up to 18 months in prison and a $15,000 fine ($25,000 for marijuana and $10,000 for prescription drugs).
- Disorderly Persons Offense. It is a disorderly persons offense falling under Plainsboro Municipal Court jurisdiction to possess 4 or fewer dosage units of a prescription drug. Possession of 50 grams or less of marijuana in Plainsboro is also a disorderly persons offense. The penalties for this grade of 2C:35-10 charge includes a fine of up to $1,000 and up to 6 months in the Middlesex County Jail.
Drug Possession Defenses. Some of the defenses that may be pursued on your behalf in Plainsboro include the fact that the police lacked probable cause to search your car or to arrest you. The police may have failed to inform you that you can legally refuse to provide consent to a police search. An attorney at the Marshall Firm can give much more detail with regard to the appropriate defenses available to you. There is also the possibility of securing diversion of your case through Pretrial Intervention or Conditional Discharge.
Plainsboro CDS Possession Attorney
Being arrested for possession of drugs in Plainsboro or anywhere in Middlesex County is something that must be taken seriously. As you can see, the penalty can be ever so hiring a knowledgeable attorney is extremely important to preserving your future. as 5 years in prison. Call the drug possession lawyers at The Law Offices of Jonathan F. Marshall to receive the level of representation you need. Our former prosecutors and skilled attorneys will provide the insightful guidance required for you to escape a conviction. Call us at 732-246-7126 for a free initial consultation with a lawyer immediately.
Related Plainsboro Drug & CDS Resources To Assist You
