NJ Drug possession Lawyers
Highly experienced NJ Drug lawyers near you. Our firm handles a high volume of NJ & NY Drug cases. We defend clients accused with virtually every kind of illegal drug. The most common drug charges involve Marijuana, Heroin, and Cocaine Possession & Distribution. These types of drugs are referred to as Controlled Dangerous Substances or CDS. On this page, we will answer your questions and discuss the penalties in NJ for Drug Possession charges.
Drug Charges In NJ
If you have been charged with Drug Possession in NJ, we’re here to help you. Please understand that drug charges in NJ are serious BUT you may have legal defenses available.
First off, it is important to know the amount of drugs that you were alleged to be in possession of. Of course, the greater the “weight” or amount of drugs found in your possession, the more serious the consequences. If you were charged with small amounts of drugs (for personal use), you may be eligible for Conditional Discharge (video).
Were you charged with 3rd or 4th degree drug possession? If this is your situation, you may be eligible for Pretrial Intervention (video).
If you are unsure as to the “grading” of your drug charges, please click here to learn more about New Jersey crime degrees.
Next, we need to learn exactly “how” the drugs were discovered to be in your possession.
For example, was your vehicle searched during a “traffic stop”? If so, was the traffic stop legal? Did you have the drugs in “plain view”? For example, did you have a bag of weed on your dashboard? Or, was your vehicle searched because an officer had “a hunch” that there might be drugs in your car?
These are the types of questions we ask. Depending on your particular circumstance, we may identify a Constitutional violation and get your case dismissed. If you were the victim of an “Illegal Search”, then all of the evidence in your case gets “suppressed” and the case will eventually be dismissed.
NJ Drug Charges
- Cocaine Possession Charges N.J.S.A 2C:35-10 –
- Marijuana Possession Charges N.J.S.A. 2C:35-10 – These cases are mostly heard in New Jersey Municipal Court.
- Marijuana Distribution 2C:35-5 – (Remember, different penalties for different crimes.) It’s one crime to smoke weed, and quite a different crime to sell it. What were you charged with?
- Heroin Possession & Distribution 2C:35-10 and 2C:35-5 –
- Possession of Drug Paraphernalia 2C:36-2–
- Possession of Synthetic Marijuana 2C:35 –
- Prescription Drug Charges N.J.S.A 2C:35-10.5 – Can you be charged with a DWI for using your own prescription drugs? Check out our DWI Defense page.
- Possession of CDS in a Motor Vehicle N.J.S.A. 39:4-49.1 – This charge carries a two year loss of driver’s license.
- CDS Near or On School Property N.J.S.A. 2C:35-7 –
Drug Court Is An Option
If you were under the influence of drugs or alcohol when you committed the underlying crime, you may qualify for Drug Court.
Drug Court is one of the best programs ever created in New Jersey.
Regardless of the type of drugs you had in your possession, if they were illegal drugs, you are looking at a criminal record.
Once you get a Criminal record in NJ, you will be cut off from countless opportunities.
- Drug possession charges tell employers that you cannot be trusted.
- Colleges and universities will refuse your admission.
Marijuana possession is still illegal, but these cases can be won.
Click here to learn more about Fighting Drug Charges in New Jersey.
How To Fight Drug Charges In NJ
Drug possession charges must be fought at every step.
We get very creative and use many legal ways to attack drug charges.
Our approach to fighting drug charges begins with protecting our client’s Constitutional Rights.
With this objective clearly in mind, the way to get drug possession charges dropped starts with the basics. The first step in getting these cases dropped involves closely examining the police investigation.
For example, here are some of the questions we ask:
- Was your Fourth Amendment Right violated?
- Was your Fifth Amendment Right violated?
- Was your Sixth Amendment Right violated?
- How did the police know about the drugs?
- How did they seize (get) the drugs?
- Were the drugs properly tested?
These answers drive our strategy.
Once we have this information, we challenge absolutely everything the police did before & after they arrested our client. The key to fighting and winning drug possession charges in NJ is all about aggressively protecting our client’s rights.
Criminal defense is all we do.
Protecting our client’s Constitutional Rights is the only way we know how.
New Jersey's Diversionary Programs for Drug Charges
If you are charged with Drug Possession charges in New Jersey, you may qualify for a “Diversionary Program”.
A Diversionary Program is a way for first-time offenders to avoid going to jail & getting a criminal record.
Unless you have a clean record, you may not qualify for these programs.
Juvenile Drug Charges
Sorry but… the rules are the same for everyone. If your child has a lot of drugs in his/her possession, he/she will be treated & charged as an adult. Alternatively, if the juvenile drug possession case involves a small amount (personal use) we fight like mad to keep it as a juvenile matter.
Now, if your son/daughter is arrested with drug scales, a wad of cash, and a “high-school supply of weed”, the argument that “he’s just a kid” isn’t going anywhere.
But never lose hope.
We have used many legal strategies to fight & win drug possession and distribution charges.
Our sole purpose is to keep a juvenile’s criminal record clean. Put another way, we do everything humanly possible to give your child a second chance.
For this reason, we spend enormous time & effort preparing each case.
I’ve said it a million times throughout my career.
Preparation is everything.
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