Criminal Defense Lawyers for Drug Possession Charges in Kearny New Jersey
A broad range of controlled dangerous substances (“CDS”) can result in an arrest for drug possession in Kearny New Jersey. A resulting conviction has serious ramification whether the item seized is marijuana or more serious drugs like heroin, cocaine, LSD or ecstasy. The same is true if you are charged with a prescription drug offense involving suboxone, Fentanyl, Oxcodone/Oxycontin, Xanax or other medication. Representation by a criminal lawyer experienced in defending Kearny drug possession charges gives you the best opportunity to avoid the penalties and long-term consequences of a conviction.
The Law Offices of Jonathan F. Marshall takes pride in having gathered together a team of outstanding attorneys with exactly the credentials you need for a successful defense. We can offer you:
- Over 200 years of combined experience representing clients arrested in the Town of Kearny and other locations in Hudson County for possession of cocaine, MDMA, LSD and other drugs
- 10 lawyers who specialize exclusively in criminal cases
- Former county prosecutors that have served as the Director of the Drug Task Force, Major Crimes, Juvenile, Special Operations (e.g. Economic Crimes) and even an entire Trial Division
- Certified criminal trial attorneys
Instead of speculating about what can be done and are up against, you can speak with an attorney at our firm. The consultations is free and our Jersey City Office can be reached 24/7 at (201) 309-0500.
CDS Possession in Kearny New Jersey
The system of classifying drugs according to their probability of addiction and abuse by users and the existence of recognized medical uses relies upon five schedules. New Jersey Schedule I controlled dangerous substances (CDS) are the most dangerous because they possess the highest probability of user abuse and addiction combined with no recognized medical uses. As does the federal government, New Jersey includes heroin, methamphetamine, MDMA (e.g. Ecstasy or Molly), LSD and marijuana along with other compounds used to make or process them.
The inclusion of marijuana as a Schedule I CDS may surprise people given efforts in many states to legalize it for recreational use. If a police officer finds marijuana in your vehicle or on your person, you will be charged with possession of a Schedule I CDS.
The method of drug classification puts cocaine in Schedule II along with opioid-based medications commonly prescribed by doctors for relief of pain such as Vicodin, Hydrocodone, Oxycodone, Suboxone and Percocet. They are as addictive and dangerous as Schedule I CDS, but the existence of medical uses allows them to be classified in Schedule II. How a drug is classified has an effect on the severity of the sentence a judge may impose. For example, Schedule V drugs like Xanax, Ativan and Valium have some of the lowest felony penalties given less addictive and overdose tendencies.
You may be charged with drug possession in violation of N.J.S.A. 2C 35-10 if you engaged in one or more of the following activities with respect to a scheduled CDS:
- Obtained without having a valid prescription
- Used or under the influence
- Failed to make lawful disposition
Drug possession includes being in close proximity to a CDS when there is evidence to prove you were aware of it and intended to exercise control over it. This is constructive possession as opposed to actual possession when police in Kearny search you and find a CDS in a pocket or other location on your person.
Challenging the evidence linking you to a CDS is essential to a successful defense, so we use all legal defenses, including motions to suppress evidence obtained in violation of your constitutional rights, to prevent such evidence from being used against you.
Kearny Drug Possession Penalties
Depending upon the quantity of CDS in your possession and its type, penalties imposed following a conviction for drug possession could include up to five years in prison and a maximum fine of $35,000 for a Schedule I CDS such as methamphetamine, heroin or LSD. Large quantities of a CDS could allow the prosecution to charge you with possession with intent to distribute or sell, which would result in a longer prison sentence and a higher fine.
A drug possession conviction leaves you with a permanent criminal record, but programs exist that allow eligible individuals to avoid the penalties and criminal record of a conviction without going to trial. Our attorneys review diversion programs with you, including the eligibility requirements.
Kearny Drug Possession Defense Lawyer
The drug possession attorneys at the Law Offices of Jonathan F. Marshall are committed to achieving a dismissal of the charge through aggressive and innovative defense strategies designed to weaken the prosecution case. Call us now at (201) 309-0500 to speak with an accomplish defense attorney at any time of the day or night.
