Contact Our Jersey City Or Hoboken Office For A Free Consultation With A Former Prosecutor & Highly Skilled Drug Possession Lawyer in Hudson County, NJ
Most individuals who have any connection with Hudson County are familiar with the general concept of drug possession. Common reasoning tells us that possessing cocaine, marijuana, heroin or another controlled dangerous substance (“CDS”) is illegal and carries with it the possibility of a criminal charge. However, most of us are unaware that the burdens on the State to prove such an offense and what the penalties are that may follow if convicted for possession. The attorneys at our firm prepared this article with the intention of providing you with the education you need on these subjects so that you can make sound decisions regarding a charge for possession of CDS/drugs.
N.J.S.A. 2C:35-10 states that it is unlawful for any person, knowingly or purposely to obtain or possess, actually or constructively, a controlled dangerous substance or controlled dangerous substance analog, unless the substance was obtained directly or pursuant to a valid prescription or order form from a practitioner (i.e. a licensed medical professional). You will note use of the words “knowingly” or “purposely” being used in terms of guilt and what this means is that you must have a specific intent, that is, an awareness of the possession in order to be convicted. Depending on the type of drugs and amount intentionally possessed, the 2C:35-10 violation may range from a disorderly persons offense (which carries up to six months in a Hudson County Jail), up to a third degree offense (which carries up to five years of incarceration).
If you or someone you know has been charged with possession of drugs in Jersey City, North Bergen, Bayonne, West New York, Secaucus or elsewhere in Hudson County, the Law Office of Jonathan F. Marshall can help. Our team of Hoboken drug possession attorneys has the skill set and knowledge to successfully protect your interests. Every attorney at the firm appreciations what a criminal record can do to your future and fights to make sure you have the very best chance of avert such an outcome. For a free initial consultation with any one of the ten drug possession lawyers on staff at the Law Office of Jonathan F. Marshall, contact our Jersey City office at (201) 309-0500. A lawyer is available to take your call 24/7.
Our team of accomplished criminal lawyers include former county prosecutors who have served as direct of the drug task force, major crimes and other key positions. We are ready to put our 150 plus years into action to defend drug possession charges arising anywhere in Hudson County, including Jersey City, Hoboken, Union City, West New York, Weehawken, North Bergen, Bayonne, Harrison, Guttenberg, Kearny, East Newark and Secaucus.
Possession of a CDS in Hudson County, NJ
The gradation or severity of a drug possession offense is directly related to the type and quantity of of controlled dangerous substance possessed. For example, N.J.S.A. 2C:35-10 makes it a third degree crime to possess a drug or its analog that appears in Schedules I, II, III, or IV. This includes heroin, ecstasy (a.k.a. MDMA), psychedelic mushrooms, Adderall, cocaine, crack cocaine, codeine, blues, methamphetamine, PCP, steroids, Special K, and Xanax among others. A crime of the third degree carries with it between three (3) and five (5) years of imprisonment, as well as a fine of up to $35,000. Possession of a drug that is contained in Schedule V is a fourth degree crime. If convicted, the defendant will be facing a fine of $10,000 and up to eighteen (18) months of imprisonment.
Possession of Marijuana in Hoboken, NJ Attorneys
N.J.S.A. 2C:35-10 makes special mention of how to deal with marijuana possession, which is a separate from other schedule I, II, III, IV or V drugs. If an individual is caught in possession of 50 grams or more of marijuana or more than five (5) grams of hashish, then he or she will be charged with a crime of the fourth degree. If convicted, the defendant will face up to eighteen (18) months of incarceration, as well as a fine up to $25,000. Alternatively, a person who is found to have less than 50 grams of marijuana or less than 5 grams of hashish will be charged with a disorderly persons offense. A disorderly persons offense is a non-indictable crime that carries up to 18 months in prison. Typically, drug possession charges are accompanied by a charge under N.J.S.A. 2C:35-10(c), Failure to Make Lawful Disposition. Moreover, any possession charge may face enhanced penalties if the offense occurred within 1000 feet of a school zone or 500 feet of certain public property. For more information these two scenario’s please check out their individual pages.
Jersey City, NJ Drug Possession Defense Attorneys
Here at the Law Offices of Jonathan F. Marshall, our Hudson County Criminal Defense Attorneys have over 150 years of collective experience both prosecuting and defending against criminal charges. Our attorneys have particular experience of handling drug charges, including drug charges like possession of a controlled dangerous substance, possession of prescription drugs and possession of crack cocaine. If you or someone you love has been charged with a drug crime in Hudson County, please contact our Jersey City office today and speak with one of our drug possession defense attorneys. Our office is available 24/7 and will provide the initial consultation free of charge. For immediate assistance, contact our Jersey City Office at (201) 309-0500 or Hoboken Office at (201) 932-2288.
Related Hudson County CDS & Drug Resource Pages