Talented Former Prosecutors That Include a Director of the Drug Task Force Are Reading To Defend Your CDS Possession Charge in North Bergen New Jersey
Law enforcement agencies have some of the toughest laws in the nation at their disposal to combat a growing drug possession problem in North Bergen and other Hudson County communities. If you were arrested for possession of a controlled dangerous substance (“CDS”) such as heroin, cocaine, lsd, marijuana or Xanax, you are facing serious penalties along the burden of a permanent criminal record. Representation by a North Bergen NJ criminal defense lawyer with significant experience defending drug possession charges is exactly what is needed to avoid these types of negative consequences. An attorney at our firm is well positioned to serve you in this role.
The attorneys at the Law Offices of Jonathan F. Marshall have precisely what you need when you are facing a CDS offense in North Bergen. We offer unique credentials to ensure your success, including:
- Over 200 years of collective experience
- A team of 10 lawyers that handle exclusively criminal defense
- Former county prosecutors that have served in key positions like Director the Drug Task Force, Major Crimes, Juvenile Unit and even an entire Trial Division
- Certified criminal trial attorneys
- Office located directly across from the Hudson County Superior Court in Jersey City where all indictable crimes involving drug/cds position are heard
- Decades of favorable outcomes in cases just like yours
You want the attorney defending you to have an intimate understanding of the drug possession laws in New Jersey and skills developed over years of experience. You also need someone that will provide honest answers to your questions and legal advice you can trust. The attorneys at our firm are ready to provide this level of service. Call us now at (201) 309-0500 to speak to a lawyer on our team immediately in a free initial consultation about your case, an upcoming initial appearance at CJP or even a detention hearing.
Controlled Dangerous Substance Possession in North Bergen New Jersey
N.J.S.A. 2C 35-10 defines drug possession as follows:
- Obtaining a controlled dangerous substance (CDS) without having a valid prescription
- Using or being under the influence of a CDS
- Failing to make lawful disposition of a CDS
Substances classified as controlled dangerous substances under state and federal law are listed in five schedules based upon the danger of addiction or abuse of the CDS and the whether or not there is a recognized medical use for the substance. Heroin, LSD, MDMA and Methamphetamine are examples of Schedule I CDS because have their high probability of abuse and addiction without there being any recognized medical uses for it.
Schedule II CDS also have a high probability of addiction or abuse by a user similar to Schedule I CDS. However, Schedule II CDS have recognized medical uses associated with them. For example, OxyContin, Percocet, Vicodin, Percodan and other opioid-based medications frequently prescribed by physicians for the relief of pain have proven to be highly addictive, but their recognized medical use classifies them as a Schedule II rather than a Schedule I CDS. The penalties imposed for possession of a Schedule I CDS may be harsher than for possession of a Schedule II CDS.
Drug possession offenses usually involve a search by police resulting in discovery of the prohibited substance. Whether they search your vehicle, your home or the pockets of the jacket you are wearing, police must follow procedures that protect your constitutional right to be free from unreasonable searches and seizures.
Every Hudson County drug attorney defense lawyer on our staff spends considerable time investigating the facts surrounding your encounter with the police to identify evidence to use to challenge the legality of the search for evidence. Our attorneys use their skills and knowledge to prepare and present motions to suppress evidence obtained in violation of your constitutional rights, including evidence obtained through unlawful searches or statements you made in response to police interrogation. Successful motions to suppress evidence may cause a judge to prohibit use of the evidence by the prosecution.
Drug Possession Penalties That May Be Imposed
The grade or degree of the charge determines the penalties judges may impose at sentencing. The grade depends upon the type and quantity of CDS you are convicted of possessing. For instance, possession of less than 50 grams of marijuana is a disorderly persons offense, but possession of heroin, lsd, methamphetamine, cocaine or mdma/ecstasy/molly is a crime of the third degree, which is the equivalent of a felony, and could send you to prison for up to five years.
Diversion programs like Pretrial Intervention (“PTI”) and Conditional Discharge offer a first offender the opportunity to avoid the stigma and penalties of a conviction. Your defense attorney will review available programs and go over their eligibility requirements with you.
North Bergen CDS Possession Defense Lawyer
The attorneys at the Law Offices of Jonathan F. Marshall are trusted advocates you can rely upon to obtain the best possible outcome when you are charged with CDS possession. To take advantage of a free consultation with a lawyer who possesses the know-how needed to help you, call us now at (201) 309-0500. Lawyers are available around the clock to assist you with pretrial release (e.g. bail) or any other aspect of your drug possession case.
