Former Prosecutors & Drug Task Force Directors At Our Jersey City Firm Are Ready To Mount A Potent Defense To Your Marijuana, Heroin, Cocaine, Xanax, LSD, Ecstasy or Other CDS Possession Offense
Possession of a controlled dangerous substance (CDS) is one of the more frequently encountered criminal charges in Bayonne and the rest of Hudson County. While marijuana is undoubtedly involved in the highest number of drug cases, substances like cocaine, LSD, heroin, ecstasy and Xanax also arise often. Irrespective of the type of substance that resulted in your Bayonne possession drug, a conviction carries significant consequences that include a criminal record, thousands in fines, a license suspension and even the potential for incarceration. An experienced defense lawyer is your best option to avoid the harsh penalties and life-long consequences associated with a conviction for CDS possession.
The Bayonne drug possession attorneys at the Law Offices of Jonathan F. Marshall have unique qualifications to serve you well in Bayonne Municipal Court or at the Hudson County Superior Court. Our team can offer you:
- Over 200 years of combined experience representing those charged with drug and cds possession, as well as other offenses throughout the region
- Ten (10) lawyers that specialize exclusively in criminal defense
- Former county prosecutors that include a Former Director of the Drug Task Force, Major Crimes Bureau, Juvenile Division and an entire Trial Division
- Certified criminal trial attorneys, a distinction held by less than 2% of those licensed in New Jersey
- Countless successful outcomes achieved on behalf of clients arrested for possession of heroin, cocaine, marijuana, LSD, ecstasy, Oxycodone/Oxycontin and other drugs
We believe our background provides us with first-hand insight into how the prosecution and police prepare and present drug possession cases. If you were arrested or believe you are under investigation for drug possession, a Hudson County criminal attorney at our firm is ready to help you. Call our Jersey City Office now at 201-309-0500 to speak with one of our lawyers in a free initial consultation.
CDS Possession in Bayonne New Jersey
The Controlled Dangerous Substances Act organizes illegal drugs in scheduled numbered from I through V. Where a particular drug appears in these schedules hinges on its potential for abuse and dependency, as well as whether it has any recognized medical use. The most dangerous drugs are listed in Schedule I, while drugs with the lowest possibility of abuse and addiction are in Schedule V. Examples of Schedule I CDS include heroin, LSD, mescaline, methamphetamine, MDMA, peyote and marijuana. Cocaine, which you might believe would be a Schedule I CDS because of its highly addictive nature, is actually a Schedule II CDS along with oxycodone and other opioids because there are recognized medical uses for the drugs when prescribed by and used under the supervision of a physician.
The offense of drug possession is defined in N.J.S.A. 2C 35-10 as engaging in any of the following activities:
- Possession of CDS without a valid prescription
- Using or being under the influence of CDS
- Failure to make lawful disposition of CDS
Drugs need not be in your actual physical possession for police to arrest and charge you with possession of a CDS. As long as a CDS is within close proximity and they can prove you intended to exercise control over the drug, police can arrest you based on constructive possession. A highly skilled Bayonne criminal lawyer like those at our firm has exactly what you need to successfully contest actual or constructive possession.
Bayonne Drug Possession Penalties
Penalties for possession of a CDS vary depending upon the type and quantity.
Possession of a CDS listed in Schedules I, II, III or IV results in an indictable offense, a third degree crime, that can only be handled at the county courthouse in Jersey City. An individual faces a fine of as much as $35,000 and imprisonment for up to five years.
Possession of a Schedule V CDS or four or fewer dosage units of a prescription drug is also an indictable offense, a fourth degree crime, punishable by up to 18 months in prison and a fine of as much as $15,000.
Motions to suppress evidence can be essential to the success of a defense strategy. Our Hudson County drug possession attorneys are skilled at reviewing the facts of a drug possession case and identifying situations where police searches and seizure of evidence violates your rights under state law and the U.S. Constitution. Challenging the evidence could result in a judge refusing to allow it to be used by the prosecution to prove you committed the offense.
Bayonne NJ CDS Possession Defense Lawyers
When your freedom and future are in jeopardy because of a drug possession offense in Bayonne, the criminal attorneys at the Law Offices of Jonathan F. Marshall have the skills and knowledge to provide an innovative and hard-hitting defense. Call us now at 201-309-0500 to speak to a lawyer at the firm about your defenses, a detention hearing or any other facet of your case. An attorney is available 24/7 to assist you.