Cocaine is classified as a Schedule II controlled dangerous substance (“CDS”) that is illegal to possess in Secaucus NJ in any quantity. You should also know that possession of cocaine is an indictable crime whether in the form of powder or rock (a.k.a. crack). If you were charged with this type of drug offense and want to avoid the potentially severe consequences of a conviction, you need to consult an accomplished criminal lawyer as soon as possible. Failure to secure an an acquittal will expose you to permanent record, fines and even the possibility of a state prison sentence.
A defense lawyer from the Law Offices of Jonathan F. Marshall has the skills needed to protect your interests. The members of our staff possess unique qualifications to ensure success such as:
- 200 years of experience defending cocaine charges
- 10 lawyers whose practices are dedicated exclusively to criminal defense
- Former County Prosecutors that include a Director of the Drug Task Force, Major Crimes, Juvenile Unit and even an entire Trial Division
- Certified Criminal Trial Attorneys
- A long and rich history of favorable outcomes in possession and distribution cases involving cocaine.
If you or a loved one have been arrested for cocaine possession in Harrison or anywhere else in Hudson County, contact our Jersey City Law Office at 201.309.0500. Initial consultations are free so do not hesitate to give us call for the answers you need.
Cocaine Possession Offense in Harrison
A cocaine possession in violation of NJ Law arises out of N.J.S.A. 2C:35-10 and is defined as purposely or knowingly possessing or obtaining the drug. The lawyers at our firm carefully review the facts and circumstances of your arrest to identify defenses to use to weaken the prosecution case. For instance, N.J.S.A. 2C:35-10 allows police to arrest and charge you with cocaine possession even though you are not in actual, physical possession of it. This might occur when you are riding in a car with other people that is stopped and search by the police. If the police find cocaine in the vehicle, the legal principle of constructive possession allows them to charge everyone in the vehicle.
A cocaine possession defense lawyer from our office may be able to challenge constructive possession if the evidence does not prove you had knowledge of the CDS being in the vehicle and did not intend to take possession of it. We also challenge police methods and procedures regarding searches and interrogations they conduct to obtain evidence against you. Searches for evidence and questioning to obtain incriminating statements must conform to strict rules under state law and the Bill of Rights of the U.S. Constitution. A violation of your constitutional rights raised by use in a motion to suppress the evidence could result in a judge prohibiting the prosecution from using it to prove that you committed the offense.
Harrison Cocaine Possession Penalties
The penalties for cocaine possession can be harsh. Possession of less than a half ounce of cocaine is crime of the third degree, which is the equivalent of a felony. You could be sentenced to serve up to five years in a state prison, pay a fine of as much as $35,000, and loss your right to drive through the suspension of your driver’s license for up to 24 months.
Depending upon the amount of cocaine police find in your possession, the prosecution could elect to charge you with possession with intent to distribute cocaine in Hudson County. Possession with intent to distribute more than five ounces of cocaine is a crime of the first degree punishable by imprisonment for up to 20 years and a maximum fine of $500,000. A second degree crime for possession with intent, which applies when the quantity is at least one-half ounce but less than five ounces, carries a fine of up to $150,000 and 5-10 years in prison.
We are staunch advocates fighting to achieve a dismissal of the charges while at the same time exploring other options that could allow you to avoid a conviction. Pretrial intervention and drug court allow cocaine charges to be dismissed and/or expunged if you fulfill certain conditions, such as undergoing a substance abuse evaluation and completing a recommended treatment program.
Harrison Cocaine Possession Defense Attorney
The cocaine possession defense lawyers at the Law Offices of Jonathan F. Marshall always look to achieve a resolution that is in your best interest. They combine an aggressive, hard-hitting defense and a commitment to protecting your rights as they challenge the evidence and police version of the event. Call us at 201.309.0500 to speak to a lawyer on our team. Attorneys are available 24 hours a day and 365 days a year to speak with you in a free initial consultation.
