Contact Our Jersey City Office To Speak To a Highly Skilled Former Prosecutor About Your CDS Charges in Union City New Jersey
The Jersey Journal is filled with stories involving drug use throughout Hudson County, including Union City New Jersey. There are, in fact, countless people attempting daily to obtain possession of controlled dangerous substances (“CDS”) both legally and illegally. When someone is arrested for engaging in these activities, they are exposed to a host of negative consequences such as jail/prison, fines and a resulting criminal record. Avoiding a cocaine, heroin, LSD, Xanax, ecstasy or other drug possession offense requires representation by an attorney who is accomplished in defending CDS cases like yours.
At the Law Offices of Jonathan F. Marshall, our attorneys limit their practices to criminal defense and have more than 200 years of combined experience fighting for the rights of their clients charged with drug possession in Hudson County Superior Court and Union City Municipal Court. Our attorneys have the know-how and skills needed to fight for your rights and challenge the prosecution witnesses and evidence. Weakening the prosecution case may lead to a negotiated reduction of the severity of the charge or even a dismissal.
If you have been charged with drug possession in Union City, call us now at (201) 309-0500 where a defense lawyer is available at all times of the day and night to speak with you during a free initial consultation.
Controlled Dangerous Substance Possession in Union City New Jersey
Possession of a controlled dangerous substance (CDS) is defined in N.J.S.A. 2C 35-10 as obtaining a CDS without a valid prescription, using or being under the influence of a CDS or failing to make lawful disposition of a CDS. Drugs falling within this law are contained in Schedule I throughout V of the Controlled Dangerous Substance Act. Common drugs falling within these categories include:
- Oxycodone & Oxycontin
Drugs with a high risk of abuse and without any recognized medical use are listed in Schedule I of the drug classification schedules. Schedule I CDS include heroin, marijuana and methamphetamine. Schedule II CDS include cocaine, OxyContin, Percocet, Vicodin, Percodan and other opioid-based medications. The high risk of abuse of Schedule CDS would have put them in Schedule I were it not for the fact that medical uses exist, such as the use of opioid-based medications for pain relief.
Your attorney spends time going through the facts of the case with you in order to hear your side of what took place. The lawyer then undertakes a thorough review and analysis of the evidence the prosecution may introduce in support of the drug possession offense to identify defenses that may be effective in weakening the case against you.
An unlawful search for evidence by the police may result in a judge granting our motion to suppress the evidence as being a violation of your rights under the U.S. Constitution and New Jersey law. Even the laboratory analysis obtain by police of the CDS the prosecution seeks to prove you possessed is carefully looked at by your attorney because mistakes happen in the analysis or in the manner in which the CDS was handled.
Union City Drug Possession Penalties
A conviction for drug possession carries with it penalties imposed by the judge who sentences you and the long-term consequences of a permanent criminal record. The extent of the penalties depends, in part, on the type of drug. For example, possession of a CDS listed in Schedules I through IV is a crime of the third degree punishable. You could be ordered to pay a fine of up to $35,000 and be imprisoned for as long as five years. Possession of a Schedule V CDS is a crime of the fourth degree that subjects you to a fine of up to $15,000 and up to 18 months in prison.
If convicted of CDS possession involving marijuana, the quantity is a factor in determining the sentence a judge may impose on you. Possession of 50 grams or less is a disorderly person offense punishable by up to 180 days in jail and a maximum fine of $1,000. More than 50 grams of marijuana puts you at risk of being sentenced to serve up to 18 months in prison and pay a fine of as much as $25,000.
Diversion programs and conditional discharge offer a first offender the opportunity to avoid the stigma and penalties of a conviction. Conditional Discharge, Pretrial Intervention and Drug Court are the programs that typically arise in this realm.
Union City NJ Drug Possession Attorney
When you hire an attorney from the Law Offices of Jonathan F. Marshall to represent you, we commit our resources, skills and knowledge to making it possible for you to avoid the criminal record and punishment of a conviction. Our aggressive defense strategy focuses on attacking the evidence the prosecution needs to prove beyond a reasonable doubt that you committed the offense to secure a dismissal of the charges or an acquittal at trial. If this is your first offense, you may be eligible for one of the drug diversion programs like Pretrial Intervention, Conditional Discharge or Drug Court that could result in a dismissal of the charges. Call us now at (201) 309-0500 to discuss your options with one of our experienced Union City criminal defense attorneys during a free initial consultation. Someone is available to speak with you 24 hours a day and 365 days a year.