Former Prosecutors With Decades of Experience Defending Possession of Heroin, Ecstasy, Fentanyl, Xanax, Methamphetamine & Other CDS in Hudson County
All the talk and media coverage about campaigns to legalize marijuana might give you the impression that drug possession is no longer taken seriously by the Harrison Police but that is a mistaken position. If you are arrested for possessing cocaine, Xanax, Fentanyl, ecstasy (a.k.a. Molly or MDMA), methamphetamine, heroin or another controlled dangerous substance (“CDS”), even marijuana, you face hefty fines, a criminal record, license suspension and even the possibility of incarceration. Avoiding a conviction for a drug possession offense takes a skillfully crafted and aggressive defense that only an attorney with years of criminal defense experience can offer.
An attorney from the Law Offices of Jonathan F. Marshall is part of a defense team that has the attributes to ensure you escape a conviction for possession of CDS in Harrison New Jersey. Our defense firm can offer you:
- 200 years of combined experience
- 10 lawyers that handle exclusive drug and other criminal cases
- Former County Prosecutors that include a Director of the Drug Task Force, Major Crimes, Juvenile Unit and even the entire Trial Division
- Certified criminal trial attorneys
- Decades of success defending cocaine, heroin, prescription drug (e.g. Suboxone, Oxycodone/Oxycontin, etc.) and other CDS charges in Hudson County
A drug possession charge certainly has the potential to jeopardize your future but a talented attorney like those at our firm can provide you with the weapons to avoid a poor outcome. For a free initial consultation with a lawyer who will answer your questions and provide you with insight as to how we can help you, contact our Jersey City office at 201.309.0500.
CDS Possession in Harrison New Jersey
New Jersey and federal drug laws classify CDS in five schedules according to their potential for abuse and dependency by users and whether or not the drug has a recognized medical use. The most dangerous drugs are those in Schedule I, such as heroin, marijuana, mescaline, LSD and methamphetamine. Schedule II drugs also have a high risk of abuse, but they have recognized medical uses associated with them. Schedule II CDS include cocaine, opioid prescription pain medications like OxyContin, Percocet and Vicodin, and the notarized drug used for cutting — Fentanyl. Schedule I, II, III, IV & IV drugs cannot be possessed unless the holder has a valid prescription. N.J.S.A. 2C 35-10 makes the following activities illegal when this isn’t the case:
- Possessing or obtaining
- Using or being under the influence
- Failing to make lawful disposition
Possession of drugs in Harrison can be something other than having the drug in your physical possession. Police could arrest you for being in constructive possession, which means you were in close proximity to a CDS with the intention of exercising control over it. Constructive possession could be used to arrest all of the occupants of a car or other motor vehicle for drug possession unless one of them is in actual, physical possession of the CDS or acknowledges it belongs to them. Key to the success of a prosecution for drug possession is the CDS itself, but police do not always follow lawful procedures for conducting searches and seizures of evidence.
Our attorneys use motions to suppress evidence to challenge a search and seizure that violates your rights under New Jersey law and the U.S. Constitution. Persuading a judge to prohibit the use of improperly obtained evidence could so weaken the prosecution case as to cause it to be dismissed. We meticulously review the facts and the evidence of every drug possession case and take nothing for granted. For instance, a CDS seized by the police must undergo analysis by a laboratory to positively identify it as the substance police and the prosecution claim. We have learned through years of criminal defense experience to look into the handling and testing procedures because mistakes occur more frequently than people might imagine. Misidentification of a drug or contamination of the test sample could be grounds to have the evidence suppressed and could result in a dismissal.
Harrison Drug Possession Penalties
The severity of a drug possession offense and the punishment imposed following a conviction depend upon the schedule in which the drug is listed and the quantity you possessed. Possession of a CDS listed in Schedules I, II, III or IV is an indictable offense, a third degree crime, punishable by a fine of as much as $35,000 and imprisonment for up to five years. Possession of a Schedule V CDS, more than 50 grams of marijuana or more than 5 grams of hashish is also an indictable offense but one that is a fourth degree crime that carries penalties that include up to 18 months in prison and a fine of as much as $15,000 ($25,000 where the drug is marijuana or hashish).
Diversion programs offer an alternative that could allow you to void the penalties and stigma of a conviction. Some diversion programs offer a dismissal of the charge upon successful completion of conditions associated with the program, such undergoing substance abuse evaluation and counseling. The most common programs of this nature are Pretrial Intervention, Conditional Discharge and Drug Court.
Harrison NJ Drug Possession Defense Attorney
The criminal attorneys at the Law Offices of Jonathan F. Marshall understand that it is common for someone charged with a Harrison drug possession offense to have a substance abuse problem, so they make every effort to not only provide skilled and aggressive representation but to also explore and encourage you to participate in treatment programs. Speak to one of our dedicated and compassionate lawyers now by calling us at 201.309.0500 for a free initial consultation 24 hours a day and seven days a week. A lawyer is available to assist you with a first appearance at CJP, detention hearing or any other inquiry.
