Our Skilled Attorneys Include Former County Prosecutors That Are Ready To Defend Your Hoboken Drug Possession Charges
Drug possession continues to be one of the most frequently filed charges in Hoboken. Opioid pain medications, such as OxyContin, Percocet and Vicodin, along with marijuana, cocaine and heroin, are definitely the most encountered controlled dangerous substances (“CDS”) in the City. If you were arrested for possessing these or another drug in Hoboken New Jersey, you would be wise to consult an accomplished Hudson County criminal lawyer as soon as possible since the penalties you are facing are significant. A conviction will result in a permanent record, thousands in fines and financial consequences, a suspension of your driver’s license and even the possibility of jail or, worse yet, state prison.
Highly Skilled Drug Possession Lawyers in Hoboken New Jersey
The Hoboken drug possession attorneys at the Law Offices of Jonathan F. Marshall have compiled an impressive record of success in defending CDS charges in Hudson County. Our achievements have a lot to do with specialization in this area of law with ten (10) lawyers that handle nothing but criminal defense. We also possess:
- 200 years of combined experience representing clients charged with possession of cocaine, Xanax and other drugs
- Certified criminal trial attorneys on staff
- Former county prosecutors that have served as the Director of the Drug Task Force, Major Crimes Division and in other key positions
- Offices in both downtown Hoboken and in Jersey City across from the Hudson County Superior Court to serve you
Our law firm understands how unsettling and unnerving a drug possession arrest can be and make our Hoboken NJ CDS possession lawyers available 24 hours a day. You can call 201-309-0500 for a free consultation immediately.
Hoboken CDS Possession Charges
Federal and New Jersey law classifies drugs, also known as controlled dangerous substances or CDS , according to their potential abuse, risk of dependency and whether or not there is a medically recognized use for the drug. Classification is assigned under N.J.S.A. 2C:35-10 in one of five schedules that bear the designation of I through V. Drugs with the highest risk of abuse and dependency and with no recognized medical use are considered to be the most dangerous and are listed in Schedule I. Common examples of drugs falling within this category include heroin, LSD, MDMA/Molly/Ecstasy and peyote mushrooms. CDS falling within Schedule II include cocaine, methamphetamine, fentanyl, Adderall, Oxycodone (e.g. Oxycontin or Roxycontin) and methadone.
Drug classifications may appear confusing because some substances, such as cocaine, that you might expect to be classified as a Schedule I CDS along with heroin, methamphetamine and LSD is actually a Schedule II CDS. The reason is because cocaine has a limited medical use even though it has a high potential for abuse by users. You might also be surprised to know that marijuana continues to be a Schedule I CDS even though some states have decriminalized it.
Possession of opioid medications, such as OxyContin, Percocet and Vicodin, that are frequently prescribed by physicians for the relief of pain are Schedule II CDS. If you have opioids in your possession that were not prescribed for you by a doctor treating you for a medical condition, police can arrest and charge you for possession of a CDS in violation of N.J.S.A. 2C:35-10.5 (“Prescription legend drugs”). Possession of most other forms of CDS fall under N.J.S.A. 2C 35-10 which makes it illegal to:
- Possess CDS without a valid prescription
- Use or be under the influence of a CDS
- Fail to make lawful disposition of a CDS
You should also know that the Hoboken Police can charge you with drug possession even if the CDS is not in your actual, physical possession. The law allows police to arrest you for being in constructive possession of a CDS, which means you are within close proximity to a CDS and there is sufficient evidence to establish that you intended to exercise control over it. Our experienced and highly skilled Hoboken defense attorneys know how to challenge the evidence offered by the prosecution no matter whether police claim possession was actual or constructive.
Most drug possession prosecutions make use of evidence, including the drugs, seized by the police. Searches by the police and the seizure of evidence that violate your constitutional rights under the Fourth Amendment can be attacked through motions to suppress. Our Hoboken drug possession attorneys thoroughly review the facts of your case to identify defenses they can use to attack the evidence and are highly skilled at drafting and arguing motions to suppress evidence.
Penalties for Possession of Marijuana, Heroin, Cocaine, Ecstasy & Other Drugs
Penalties for drug possession depend upon the classification of the drug and the quantity involved. The headings below discuss the ranges of penalties set forth in 2C:35-10 for a Schedule I, II, III, IV or IV controlled dangerous substance.
- Schedule I,II, III or IV Drugs like Heroin, Cocaine, MDMA, Ecstasy & Methamphetamine. It is a third degree crime to possess these types of CDS and the consequences include a prison term of up to 5 years and a fine that can reach $35,000.
- Schedule V. There is a maximum fine of $15,000 and up to 18 months in prison for a fourth degree crime of this nature.
- Marijuana & Hashish. Possession of more than 50 grams of marijuana or more than 5 grams of hashish is a fourth degree crime that triggers up 18 months of imprisonment and a $25,000 fine. When the quantity of marijuana is under 50 grams or the case involves less than 5 grams of hashish, possession is a disorderly persons offense that carries up to 6 months in the county jail and a fine of up to $1,000.
- Prescription Drugs. An individual may also be charged under N.J.S.A. 2C:35-10.5e when they are in possession of a prescription legend drug like Xanax, Adderall, Suboxone, Oxycodone/Oxycontin and Valium. Possession of 4 or less doses or pills is a disorderly persons offense. Possessing 5 or more dosages is a fourth degree crime that triggers up to 18 months in prison and a $10,000 fine.
We not only fight to beat the drug possession charge, but we also explore other options to allow you to avoid the penalties and stigma of a conviction. Some diversion programs offer the opportunity to have the drug possession offense dismissed following successful completion of the conditions of the particular program.
Hoboken NJ Drug Possession Attorney
When you face imprisonment and hefty fines, you want the lawyer defending you to be committed to aggressively fighting on your behalf. The Hoboken drug possession attorneys at the Law Offices of Jonathan F. Marshall have built a reputation as innovative advocates that are dedicated to providing thorough legal representation when their clients need it the most. Contact us now at 201-309-0500 for a free initial consultation. An attorney is available to speak with you 24 hours a day and seven days a week.
