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Middlesex County Criminal Defense Lawyer

  • Over 200 Years of Combined Experience
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South River NJ Drug Possession Attorney

Possession of Cocaine, Marijuana, Heroin, Prescription Drugs or Another Form of CDS in the Borough of South River

Contact Us To Speak To One Of Our Former Middlesex County Prosecutors

South River isn’t the most notorious municipality in Middlesex County when it comes to drug possession although it definitely has quite a bit. Many individuals are arrested in South River New Jersey for possessing a controlled dangerous substance (“CDS”) such as marijuana, heroin, cocaine, MDMA (e.g. Molly or Ecstasy), LSD and an assortment of prescription drugs.  For anyone who has been charged in this manner, hiring an accomplished drug possession attorney can provide dividends.

The team of lawyers at the Law Offices of Jonathan F. Marshall are fully equipped to defend your South River possession of CDS charge. Our attorneys have decades if experience representing individuals who allegedly possess drugs in Middlesex County. Whether your drug possession offense is a third degree or fourth degree crime pending at the county courthouse in New Brunswick or is a disorderly persons offense in South River Municipal Court, we have a lawyer with the ability to protect your interests. Contact our Office in East Brunswick at 732-227-1200 for a free consultation with an attorney on our staff.

Drug Possession Charges in South River New Jersey

The New Jersey drug possession statute is contained at N.J.S.A. 2C:35-10. This law is directed at the vast majority of CDS possession in the state and makes it illegal for “any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog”.

Elements of the Drug Possession. To be convicted of drug possession, the State must prove that: (1) the item in question is CDS; (2) it was possessed by the accused; and (3) the conduct was knowing or purposeful.

Possession. Possession can be actual or constructive under 2C:35-10. Actual possession is having the drug on your person. Constructive possession arises when you do not have the CDS on your person but remain in control (e.g., a friend is holding it for you or it is in your car).

Controlled Dangerous Substance (CDS). CDS refers to the drugs in your possession that are not prescribed to you. CDS could include cocaine, heroin, marijuana, MDMA, Methamphetamine (crystal meth), GHB, LSD, PCP, and prescription legend drugs like OxyContin and Xanax.

Penalties. Drug possession is charged as one of three levels of severity, depending on the type of drug: third degree crime, fourth degree crime; or disorderly persons. (Note that the offense of distribution of a CDS may include first- or second-degree charges). Here is a breakdown of penalties for the most common drug possession offenses:

• Cocaine and heroin possession are typically third-degree crimes, which can result in 3 to 5 years in prison and a fine of up to $35,000.

• Possession of more than 50 grams of marijuana or 5 or more dosage units of a prescription drug is a fourth degree crime that carries up to 18 months imprisonment and a $25,000 fine ($10,000 for prescription drugs).

• Possessing 50 grams or less of marijuana, or 4 or less dosage units of a prescription drug, is a disorderly persons offense, which could result in up to 6 months imprisonment, and a $1,000 fine. Disorderly persons offenses are usually handled in South River Municipal Court, rather than County Court in New Brunswick.

South River CDS Possession Lawyer

Drug possession is a serious offense that can obviously result in stiff fines and even jail time. The lawyers at the Law Offices of Jonathan F. Marshall have a proven track record of successful outcomes in cases involving allegations that one of our clients possessed cocaine, marijuana, LSD or another CDS in South River and other areas of Middlesex County. A lawyer at the firm is ready to present your best defenses so that the charges are minimized. To speak to one of the attorneys immediately, contact us now. An attorney is standing by to take your call at 732-227-1200.

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