Our Team of Former Prosecutors & Skilled Criminal Lawyers Have What It Takes To Obtain A Dismissal Or Other Favorable Result In Your CDS Possession Case
Drug possession remains a serious criminal offense in New Jersey for which you could go to prison and have a permanent criminal record making it difficult to get a job, maintain your immigration status or secure a professional license. But being arrested for drug possession in Secaucus need not mean you end up strapped with a conviction. An experienced and knowledgeable drug defense attorney can give you a chance at avoiding a conviction. Getting a criminal attorney involved as soon as possible ensures time to investigate the charges, review the evidence and defenses available to help weaken the case the police and prosecution have built against you. The lawyer you choose to defend you can also be a significant factor in determining the outcome of the your Secaucus drug possession case.
The defense attorneys at the Law Offices of Jonathan F. Marshall have centuries of success representing clients charged with possession of controlled dangerous substances (“CDS”) in Hudson County and around the state. Our unique qualifications for success include:
- Ten (10) attorneys that handle nothing but criminal charges such as possession of marijuana, cocaine, heroin, LSD, methamphetamine and prescription drugs (e.g. Xanax, Suboxone, Oxycontin, etc.)
- 200 years of combined experience defending New Jersey drug possession offenses
- Former county prosecutors that have served in roles like Director of the Drug Task Force, Major Crimes, Juvenile Unit, Special Operations and even the entire Trial Division
- Certified criminal trial attorneys
- An office directly across from the Hudson County Courthouse in Jersey City where almost all CDS possession cases in the jurisdiction are heard
Whether you believe you are under investigation for drug possession or have already been arrested by the police in Secaucus, we are ready to provide a free consultation. Call us anytime of the day or night at 201.309.0500 to speak with one of our attorneys. An attorney on our staff will be happy to answers your questions and discuss your options.
CDS Possession in Secaucus New Jersey
New Jersey mirrors the federal drug system by classifying drugs in five (5) CDS schedules. The schedules classify a CDS according to its potential for abuse by a user and whether or not there are recognized medical uses for it. The most dangerous drugs are those with the greatest abuse potential and without any legitimate medical uses, such as heroin, LSD, methamphetamine and MDMA (a.k.a.“Ecstasy” or “Molly”). These are Schedule I drugs carrying the most severe penalties for anyone convicted of possessing them. Cocaine and prescription legend drugs like Oxycodone, Fentanyl and Hydrocodone are Schedule II drugs. New Jersey defines possession of these and other forms of CDS in N.J.S.A. 2C 35-10 as engaging in one or more of the following activities with regard to a CDS:
Possessed a CDS without having a valid prescription from a medical professional
Used or were under the influence of a CDS
Failed to make lawful disposition of a CDS The law allows police to make drug possession arrests whether you are in actual or constructive possession of a CDS.
Constructive possession occurs when you have knowledge of the presence of a CDS and the evidence proves you intended to exercise control over it even if did not actually possess it at the time of the arrest. We attack the evidence and the police and prosecution theories of what occurred through legal defenses, including asserting your right against unlawful searches and seizures under the U.S. Constitution.
Secaucus Drug Possession Penalties
Possession of a Schedule I, II, III or IV CDS is an indictable offense of the third degree. The penalties include a fine of as much as $35,000 and imprisonment for up to five years. Possession of a Schedule V CDS is an indictable offense of the fourth degree punishable by 18 months in prison and a $15,000 maximum fine. Drug possession offense arrests frequently result in additional charges for possession of drug paraphernalia. Possession of items used for the introduction of a CDS into the human body, such as needles and pipes, is a disorderly persons offense, the equivalent of a misdemeanor, under N.J.S.A. 2C 36-2, but you could still go to jail for up to six months and be ordered to pay as much as $1,000 as a fine. Our attorneys experience with drug-related offenses ensures you of getting the best defense possible regardless of the charges. This may involve securing a dismissal, downgrade of the offense or admission into a diversion program like Pretrial Intervention or Conditional Discharge.
Secaucus NJ Drug Possession Defense Attorney
The team of lawyers at the Law Offices of Jonathan F. Marshall has the skill and knowledge of NJ drug laws to ensure that you receive the aggressive and hard-hitting defense needed when your freedom and future are at stake. Call us now at 201.309.0500 to speak to a lawyer on our defense team. Someone is available to discuss your case with you during a free initial consultation at any time of the day or night.
