Are you facing a legal predicament after being caught in possession of a Controlled Dangerous Substance (CDS) in New Jersey? The penalties and severity of drug charges imposed on you can vary depending on several factors. These factors include the type of substance involved, such as marijuana or heroin, as well as the weight of the CDS. The repercussions often involve imprisonment, hefty fines, license suspension, and other potential consequences. At Lustberg Law Offices LLC, attorney Adam M. Lustberg and our team of skilled New Jersey drug crimes lawyers may be able to help you navigate through these challenging circumstances. Call us today at (201) 880-5311 to schedule a consultation. First, Second, Third, and Fourth Degree Drug ChargesDrug charges are categorized by degree and range, in ascending order of severity, from a disorderly persons offense to a First Degree indictable crime. The degree of the crime depends on the type of drug, the amount of the drug found in your possession and certain other facts. The closer to a First Degree crime you are, the more severe the potential penalties are. New Jersey penalties associated with the following drug crime charge degrees are:
Regular Possession Charges and PenaltiesAs mentioned, the degree of crime you will be charged with depends on the type of drug and how much of it you have. If you were only found in possession of it, and not found to have also had the intent to distribute the drug, the penalties are less severe. Possible possession charges in New Jersey include:
Possession with Intent to Distribute Charges and PenaltiesNew Jersey laws get more severe if a drug possession charge is accompanied by evidence of manufacturing, distributing, or possession with intent to distribute. This is because now your crime is not only affecting yourself but spreading those illegal substances within your community, often times for profit. Degree of crimes for these level of drug possession and drug distribution charges are: MarijuanaLess than one ounce = 4th degree Heroin or CocaineLess than half an ounce = 3rd degree LSDLess than 100 mg = 2nd degree Any other drug and their potential charges may be found in New Jersey law N.J.S.A 2C:35. How to Get a Possession Charge DismissedIf you’re facing a possession charge and want to explore ways to get it dismissed, it’s important to consider various legal defenses. Here are four strategies that could potentially lead to a dismissal: Challenge the Legality of the Search: The Fourth Amendment protects individuals from unreasonable searches and seizures. If the search that led to the discovery of drugs was conducted unlawfully, the evidence may be excluded, resulting in the dismissal of your case. Generally, warrantless searches are considered invalid, except in specific situations like when an item is in plain view or when the police have probable cause to search a motor vehicle. Dispute the Possession: If the prosecution can’t prove, beyond a reasonable doubt, that you had actual or constructive possession of the drugs, the case may be dismissed. Actual possession means the drugs were found on your person or in an area exclusively under your control, while constructive possession applies when drugs are found in an area controlled by multiple individuals. Your attorney can challenge the state’s ability to prove your intent to control the drugs and your knowledge of their contents. Question the Substance’s Legality: The prosecution must establish that the substance in question is an illegal drug. Usually, a certified lab report is used as evidence, but you can challenge the report by raising timely objections and questioning the lab’s procedures or findings. If the validity of the lab report is undermined, it could lead to the dismissal of the case. Raise Discovery Violations or Entrapment: You have the right to access all evidence held by the prosecution. If the prosecution fails to provide crucial evidence, such as the actual drugs, the case may be dismissed. Additionally, if you can demonstrate that you were entrapped by the police—coerced into committing a crime you wouldn’t have otherwise committed—entrapment may serve as a viable defense. Getting a possession charge dismissed requires the assistance of a skilled drug defense attorney who can thoroughly examine the specific details of your case and determine the most effective defense strategies. Contact an Experienced Hackensack Drug Defense Attorney About Your Drug Possession Charges in New JerseyHave you been charged with a drug related offense in New Jersey? A drug crime conviction can carry with it heavy fines, jail time and driver’s license suspension! That is why it is imperative that you speak with a qualified drug defense lawyer about your case. The lawyers at Lustberg Law Offices represent clients charged with use, possession, production, distribution and related drug offenses in Fort Lee, Fair Lawn, Bergenfield, Ridgewood, and throughout New Jersey. Contact us at (201) 880-5311 or fill out our confidential online form to schedule a free consultation about your case. We have an office located at One University Plaza Dr Suite 210, Hackensack, NJ 07601, in addition to offices located in New York. The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly. via Lustberg Law https://www.lustberglaw.com/blog/drug-possession-charges-and-penalties-in-new-jersey/
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About UsAdam Lustberg is a New Jersey criminal defense attorney who represents clients accused of DWI, domestic violence, homicide, weapons offenses, drug crimes as well as many other misdemeanors and felonies. Mr. Lustberg represents defendants in New Jersey as well as New York in municipal and superior courts. If you are looking for a defense lawyer call for a free consultation today: (201) 880-5311 FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com Linktr.ee Solo.to Yelp Superlawyers Justia GMB Google Sites Follow.it Newsblur Pearltrees 500px Feedspot Bravesites Shutterfly Feedly Skillshare Alltop Feeder.co Bloglovin Mystrikingly Ted Paper.li Disqus Kickstarter Medium Google Calendar Archives
March 2023
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