If you have been charged with possession (a.k.a. “personal” or “simple” possession), you are facing the most common form of drug offense. The New Jersey law that applies to this violation is N.J.S.A. 2C:35-10 and it extends not only to possession but use or being under the influence as well. While the percentages tell us that your arrest was the result of marijuana or heroin, you could be facing this charge for possessing any form of controlled dangerous substance (“CDS”) without a valid prescription. At the Law Offices of Jonathan F. Marshall, we have handled thousands, if not tens of thousands, of possession charges over the years. With seven (7) defense lawyers and a criminal team with over 100 years in practice, we have experience in just about any CDS case you can image. We are highly equipped to represent you anywhere in NJ if you have been charged with possessing drugs. An attorney is available around the clock for free consultation and we invite to you contact us.
Possession of Drugs In New Jersey
Whether drugs were on your person, in a console, under the seat, or somewhere in a car, or the CDS was sitting in closet or draw, N.J.S.A. 2C:35-10 can potentially apply. The reason is because this charge covers not only actual but constructive possession. An individual is deemed to constructively possess drugs where he/she is aware of their existence and has the ability and intention to exercise control over them. Provided either form of possession applies, the consequences of a conviction will depend on the type of drugs involved, the quantity, and the location where the crime was committed. Depending on these factors, a conviction for possessing illegal drugs can result in a disorderly persons offense in the case of cannabis, a third degree for most other types of CDS, and a second degree crime in limited circumstances where an individual has higher quantities of drugs like LSD. This grading should not be confused with that which applies when someone is alleged to be selling/distributing drugs.
New Jersey Drug Possession Lawyer
Although there is much publicity regarding legalization of certain drugs, this certainly is not a reality as far as NJ lawmakers are concerned except under narrow circumstances of medical necessity. If you want to keep your record intact and avoid the consequences of a finding of guilt, you will have to defend the charge. This may involve challenging the search of your house, apartment or motor vehicle for lack of or a defect in a search warrant. Perhaps the police are trying to get around the lack of a warrant by claiming you consented to the search or, alternatively, that there was independent probable cause to conduct a search because of smell or something that was in plain view. Scenarios like these are commonplace and so too the familiarity of our lawyers with the wholes in these factual and legal claims by police. When you retain our firm you gain the benefit of this knowledge and the skills that we have developed over the years to successfully attack the state’s possession case. To find out how we can help you, call us any time of day for a free consultation.