A Former County Prosecutor In Our Office Including a Director of the Drug Task Force Is Ready To Assist You
Most arrests for drug possession in Jersey City involve some form of search and seizure by the police. The largest number of these encounters stem from motor vehicle stops and ensuing warrantless searches. If you have been charged with a criminal offense for possession of heroin, cocaine, fentanyl, MDMA (a.k.a. ecstasy or molly), LSD, methamphetamine or a prescription drug, you need to consult an experienced attorney as soon as possible. The charge you are facing has the potential to seriously impact your life since it will undoubtedly result in a criminal record and it will be for a felony if you possessed anything other than less than 50 grams of marijuana or less than 5 grams of hashish. A talented defense lawyer who knows the Jersey City court system is precisely what is required to escape a conviction.
We are the Law Offices of Jonathan F. Marshall, one of the state’s largest criminal defense firms with an office directly across from the Hudson County Superior Court and only a block or two from Jersey City Municipal Court. More importantly, our team of accomplished criminal lawyers can offer you these rare qualifications:
- Over 200 years of combined experience
- 10 attorneys that defend nothing by criminal charges
- Former County Prosecutors that include Directors of the Drug Task Force, Major Crimes, Juvenile Unit and even an entire Trial Division
- Certified criminal trial attorneys
You probably have questions and concerns about your case, so call us now at 201-309-0500 to speak to an attorney with the knowledge to provide the answers you deserve. Initial consultations are available 24/7 and are without charge so do not hesitate to contact us for the insightful guidance that you need.
Controlled Dangerous Substance Possession in Jersey City New Jersey
New Jersey and Federal Law classifies drugs in one of five schedules based on their potential for abuse and addiction by users and whether or not they have any known and recognized medical uses. The most dangerous controlled dangerous substances (“CDS”) are found in Schedule I and include heroin, LSD, MDMA and methamphetamine. Schedule II drugs also rank high as to the probability of addiction or abuse, but they are classified in a lower schedule because there are medically recognized and approved uses. For example, cocaine is a Schedule II CDS since, while it is highly addictive, it has a limited medical use. Opioid-based pain relief medications like Oxycodone (a.k.a. Oxycontin or Roxycontin), Fentanyl, Morphine, Valium, Xanax, Vicodin and Hydrocodone are also contained in Schedule II.
Possession any form of CDS without a prescription results in a criminal charge under N.J.S.A. 2C:35-10. When the form of CDS is a prescription legend drug, N.J.S.A. 2C:35-10.5 is also implicated. The law defines a drug possession as a person engaging in one or more of the following activities with regard to a CDS or a substance used in the production of a CDS:
Obtained without having a valid prescription
Using or being under the influence
Failing to make lawful disposition
Motions to suppress unlawfully obtained evidence are effective as part of an aggressive defense strategy. Police conduct searches and seizures all the time, but they do not always follow the procedures that state laws and the U.S. Constitution impose in order to protect your right to be free from unreasonable and unlawful search and seizure. If a judge agrees that police failed to protect those rights, the prosecution could be prohibited from using the evidence to prove the offense you are accused of committing. Police in Jersey City 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 Jersey City defense attorneys know how to challenge the evidence offered by the prosecution no matter whether police claim possession was actual or constructive.
Jersey City Drug Possession Penalties
The penalties for possessing drugs in NJ hinge on the type and quantity. Possession of CDS contained n Schedule I through IV is an indictable offense of the third degree. This is equivalent to a felony in other states and gives you a permanent criminal record that can prevent you from obtain a good job, maintaining immigration status or securing a profession license. The stigma of a conviction is a collateral consequence — the direct penalties include up to 5 years in prison and a $35,000 fine. Ramifications that are as severe as these require every effort to secure a dismissal of the charge or, alternatively, admission into a diversion program like Pretrial Intervention.
Jersey City NJ Drug Possession Attorney
The lawyers at Law Offices of Jonathan F. Marshall will sit down with you and conduct a comprehensive review of the facts of your case so that an effective defense plan can be formulated. This frequently involves dissecting all of the circumstances surrounding an arrest so that evidence may be precluded from prosecution. You should also know that our attorneys have extensive experience helping individuals deal with addiction after being arrested for drug possession. To speak to a lawyer at the firm about your charges, call 201-309-0500. We are available around the clock to assist with an initial appearance, detention hearing or any other issue you may be dealing with.
