The criminal offense that probably encompasses the biggest number of charges in Woodbridge is drug possession. Complaints for possession of CDS in Woodbridge Township are extremely common. You can find an extreme number of these charges on the dockets in both Woodbridge Municipal Court and the Superior Court in New Brunswick. Most of the offenses stem from motor vehicle stops made by the Woodbridge Police Department and by state police patrolling the New Jersey Turnpike, Garden State Parkway, including rest stop like the Thomas Edison service area. For anyone accused of possessing drugs, the situation is no joke. If you possess CDS and are found guilty, you will have a record, face a mandatory driver’s license suspension, and can be sent to jail or prison depending on the grade of drug possession involved. The best approach for mitigating or eliminating these penalties is to find an attorney with the experience and knowledge needed to effectively handle your case. At our Woodbridge NJ Criminal Defense Firm, the Law Offices of Jonathan F. Marshall, we have a staff of lawyers who have been fighting both basic and complex N.J.S.A. 2C:35-10 and other possession charges for decades. To speak to a former prosecutor on our team or another lawyer with extensive knowledge in CDS offenses, call us at 732-634-0700 for a free consultation.
Possession of Drugs Under N.J.S.A. 2C:35-10
Most possession charges are filed by the Woodbridge Police Department under N.J.S.A. 2C:35-10 (“Possession, use or being under the influence”). This law prohibits possession of any controlled dangerous substance, including drugs like marijuana, MDMA, cocaine and heroin. The statute also makes it unlawful to possess Oxycontin, Hydrocodone, Vicodin, Xanax, Percocet, Suboxone, and other prescription legend drugs unless validly prescribed. When someone violates 2C:35-10, the penalties that apply hinge on the amount, type and location of the offense. The following is a breakdown of the grading for drug possession charges:
- Disorderly Persons Offense. It is a disorderly persons offense for an individual to possess marijuana in a quantity of 50 grams or less. A conviction for this violation can trigger up to 6 months in the county jail and a $1,000 fine. The same penalties apply under N.J.S.A. 2C:35-10.5 where an individual is in possession of 4 or less dosage units of prescription legend drugs without a prescription.
- Fourth Degree Crime. Possession of more than 50 grams of marijuana is a fourth degree crime. An individual is also subject to a fourth degree crime under N.J.S.A. 2C:35-10.5 for dispensing/distributing 4 or fewer dosage units of a prescription legend drug as goodwill gesture, that is, without pecuniary gain. The fine for this grade of CDS possession can reach $25,000 along with a the period of incarceration reaching 18 months.
- Third Degree Crime. It is a third degree crime for an individual to possess a Schedule I, II, III or IV CDS/drug for personal use. Third degree drug possession carries a fine of up to $35,000 and up to 5 years in prison.
In addition to the fines and penalties previously set forth, anyone convicted of drug possession faces a mandatory driver’s license suspension for 6 months. It should also be noted that the grading of a charge and maximum penalties are must different where someone is convicted of possession with intent to distribute.
Woodbridge NJ CDS Possession Attorney
As you have probably noted, most drug possession offenses are indictable felony crimes (i.e. fourth or third degree). And even where a misdemeanor marijuana charge is involved, an individual is left with a criminal record and six month license suspension if they are convicted under 2C:35-10. These are primary reasons why you should not walk into Woodbridge Municipal Court or the Middlesex County Superior Court to defend a drug possession case without an attorney. Call us for a free consultation to discuss how our lawyers would go about helping you.
