New Jersey Drug Possession Charges
In New Jersey, it is illegal to possess any controlled substance, including:
- Marijuana
- Cocaine
- Heroin
- Synthetic marijuana
- MDMA (also known as Molly or Ecstasy)
- Methamphetamine
- LSD (acid)
New Jersey’s drug possession laws can be harsh. If you have been charged with a possession of a controlled substance (CDS) under N.J.S.A. 2C:35-10, you may face serious penalties, including prison and harsh fines. The degree of penalties under this criminal code section depends on the specific substance involved, as well as the amount you possessed.
Putting Together a Strong New Jersey Drug Charge Defense
A strong defense against your drug charge begins with your New Jersey drug charge defense attorney seeking discovery of the prosecution’s evidence against you. You have the right to review that evidence, including evidence that may dismiss the charges against or any evidence that may be exculpatory.
After gathering and reviewing this evidence, your attorney will have a better idea as to what steps to take next, including:
- Moving to exclude the evidence
- Seeking a reasonable plea agreement
- Taking your case to trial
- Arguing for leniency when it comes to sentencing
Your Options for a First-Time Drug Arrest or CDS Charge
If you have no prior drug convictions in New Jersey, your NJ criminal defense attorney can pursue a diversionary program for you that can keep you out of prison and can ultimately lead to the CDS charge being cleared for your record. Your options may include:
- Pre-Trial Intervention (PTI): If you are accepted into this program, in lieu of punishment you will receive substance abuse treatment and counseling (and even job training) for a period of 1 to 3 years. Upon complete, the charge against you will be dismissed.
- Conditional Discharge: Instead of prison time, you can serve a probationary sentence of generally six months to one year. Upon completion of this program (and staying drug-free and arrest-free), the charge against you can be dismissed or expunged. This option is typically available for minor drug offenses.
Call Us Today!
If you are facing a drug arrest in New Jersey, you have the right to remain silent and to speak with an attorney. If your drivers license has been suspended or revoked, you can count on the experienced and knowledgeable New Jersey license suspension attorneys at Beninato & Matrafajlo Attorneys at Law, LLC to get protect your legal rights.
Call us at 908-355-7100 to schedule a complimentary consultation with one lawyers today.
Email Us