Courts We Serve
- 10 January, 2020
- 21 April, 2018
- 15 April, 2018
Spotswood NJ Drug Possession Attorney
Possession of Marijuana, Cocaine, LSD, Ecstasy, Xanax, Heroin or Other CDS in the Borough of Spotswood
Former Middlesex County Prosecutors At Our Firm Are Prepared To Defend Your Charge for Possession of CDS
Have you or a loved one been charged with possession of cocaine, heroin, LSD, prescription drugs or another from of controlled dangerous substance in Spotswood? If so, you need the help of a knowledgeable drug possession defense attorney to ensure you have every opportunity for averting a conviction. The attorneys at the Law Offices of Jonathan F. Marshall are accomplished criminal litigators, most of whom are former prosecutors, that have been practicing in Spotswood Municipal Court and at the Middlesex County Superior Court, for over 100 years between them. Jason Seidman, a lawyer on our team, even served as the Drug Task Force director of the county prosecutor’s office. To speak to one of the lawyers in a free initial consultation, contact our firm anytime 24/7. An attorney is ready to assist you now at 732-246-7126.
Drug Possession Charges in Spotswood New Jersey
Drug possession cases are controlled by New Jersey statute N.J.S.A. 2C:35-10, which states as follows:
a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, . . .
A violation of 2C:35-10 can result in a disorderly persons offense that falls under the jurisdiction of the Spotswood Municipal Court or a fourth degree or third degree crime that must be handled at the Superior Court. Where an offense falls within these grades hinges on type of drug and quantity possessed.
What are Schedules I, II, III, IV, and V? The statute mentions that a CDS can be Schedule I, II, III, etc. Those “Schedules” come from the federal Controlled Substances Act. Heroin, LSD, methamphetamine, MDMA (e.g. Molly or Ecstasy) are examples of Schedule CDS. Cocaine, morphine, oxycodone, hydrocodone and fentanyl are a Schedule II CDS. Ketamine, anabolic steroids and morphine are Schedule III CDS.
I understand actual possession, but what is constructive possession? A common issue in drug cases is whether the accused is in possession of the illegal substance. Constructive possession is where the CDS is not on your person, but you exercise control over it (either directly or through another person) and can obtain actual possession when you desire. Accordingly, constructive possession is treated the same as actual possession.
Isn’t marijuana legal to possess in New Jersey? As of this writing, possession of marijuana is still illegal. There is currently a political discussion in the State with regard to legalizing marijuana (and it is already legal to possess medical marijuana if you have been approved to receive it), but the laws currently on the books still make it illegal.
What are the penalties for drug possession? As previously indicated, a drug possession charge can be a third degree crime, fourth degree crime, or a disorderly persons offense depending upon the type and amount of drugs found in your possession. Here are the possible penalties if you possess CDS within these grades:
• A third degree crime for possession of drugs is punishable by 3 to 5 years in prison and up to $35,000 in fines.
• A fourth degree crime for possessing CDS is punishable by up to 18 months in prison and up to $15,000 in fines ($25,000 if it is marijuana).
• A disorderly persons offenses for possession are punishable by up to 6 months in jail and up to $1,000 in fines.
What defenses do I have against a drug possession charge? Common defenses in a possession case include: (i) police did not have probable cause to search you or your car; (ii) police did not have probable cause to arrest you; (iii) police lacked the reasonable suspicion to conduct an initial stop; (iv) police failed to explain that you could refuse consent to search your vehicle; or (v) you were not in actual or constructive possession of CDS. Your attorney can give you more detail about what defenses are available to you, along with your eligibility for Conditional Discharge and Pretrial Intervention.
Spotswood Drug Possession Lawyers
Possession of Adderall, Xanax, Ativan and OxyContin are just a few drugs that can result in a 2C:35-10 if they have not been legal prescribed. CDS that is illegal under any circumstance, for example, cocaine, heroin, LSD and MDMA (a.k.a. Molly and Ecstasy) can never be possessed legally. The lawyers that make our eight member team are savvy advocates that have what it takes to mount a thorough defense to whatever drug possession offense you are facing. Our firm, the Law Offices of Jonathan F. Marshall, has attorneys that have been handling cases like yours in Spotswood and the rest of Middlesex County for decades. An attorney who understands what is necessary to successfully defend your CDS charge is just a telephone call away. Call 732-246-7126 to speak to a lawyer free of charge immediately.