Drug Possession Offense

Charged with Possession of CDS in New Jersey?

The most basic form of drug offense in New Jersey is possession. This is also referred simple possession or personal possession. If you were arrested for possessing a controlled dangerous substance (“CDS”) anywhere in the state, you probably have many concerns. Common questions include – how will the charge effect my ability to obtain a job, secure a professional license or maintain my immigration status. What penalties can I anticipate if I am convicted of the offense?  A lawyer who is highly experienced in defending individuals charged with possession of drugs can provide the answers you need and provide the protection you need.

The eight criminal attorneys at the Law Offices of Jonathan F. Marshall have been practicing throughout New Jersey for over 100 years between them. Most of the members of our defense team have also served as prosecutors with a one lawyer who served as a Drug Task Force director and another who was the supervisor of Drug Court. We have been successfully fighting charges filed against clients accused of drug possession throughout New Jersey, including Monmouth County, Middlesex County, Union County, Ocean County and Mercer County. Our lawyers understand the nuances of defending those charged for possessing drugs and are ready to build the most effective defense on your behalf.

New Jersey CDS Possession Charges

The vast majority of New Jersey CDS possession charges arise out of N.J.S.A. 2C:35-10. This law makes it a third degree crime, fourth degree crime or disorderly persons offense to knowingly possess drugs either actually or constructively. You are in actual possession of marijuana, heroin, cocaine, MDMA and prescription drugs if they are in your direct physical control such as in your pocket or the purse or wallet you are holding. Constructive possession applies when CDS is not in an individual’s direct control but there is an awareness of their presence and an intention to take control over them in the future. The most common scenario of constructive possession is where drugs that the accused intends to take possession of are concealed in a car, apartment or other structure. If an individual is found to knowingly possess drugs/CDS in either manner, they may be convicted of possession.

The penalties that an individual faces under 2C:35-10 depends on the type and quantity of drugs involved. The grading under this law includes:

• It is a third degree crime to possess heroin, cocaine, methamphetamine, Ecstasy, Molly, MDMA, LSD or another Schedule I, II, III or IV CDS for personal use. The penalties for third degree possession include a fine of up to $35,000 and up to 5 years in prison.
• It is a fourth degree crime to be in simple possession of a Schedule V CDS or over 50 grams of marijuana. The penalties for third degree possession include up to 18 months in prison and a maximum fine of $15,000 when a Schedule V drug is involved and $25,000 when it is more than 50 grams of marijuana.
• It is a disorderly persons offense to possess 50 grams or less of marijuana or 5 grams or less of hashish. The penalties for a disorderly persons offense for possessing marijuana or hash in this manner include a fine of up to $1,000 and up to 6 months in the county jail.

New Jersey Drug Possession Charges Can B Complicated – You Need an Experienced Attorney to Defend You

Drug possession charges can get extremely complicated when someone has an extensive criminal criminal record, there are co-defendants who were also arrested for possessing CDS and where there are significant questions as to whether the search and seizure was proper. You should also know that there are no “hard-and-fast” rules in distinguishing when someone possesses drugs for personal use or for distribution. Much of how you are charged has to do with the discretion of the police office when you are charged. If you are caught with a quantity of drugs that is more than a reasonable person would typically possess, you may find yourself charged with intent to distribute and exposed to much more extreme penalties.

As former county prosecutors and public defenders, the lawyers at the Law Offices of Jonathan F. Marshall know what it takes to effectively attack a possession offense. You should also know that, unlike most firms, our practice is dedicated exclusively to criminal defense — we are passionate about ensuring that the accused are fairly represented and will aggressively defend you against drug possession charges.

But the first step is one you need to take on your own — you need to talk to an experienced trial lawyer as soon as possible. Call our law office to discuss your charge in Essex County, Passaic County, Somerset County, Camden County, Bergen County or elsewhere in the state. If you are incarcerated, we will come to you to discuss your CDS possession case.

Related Information

• List of Controlled and Dangerous Substances
• Possession of Prescription Drugs