New Jersey’s drug laws have grown increasingly severe. If you were charged with drug possession, there are several things that you need to know. First and foremost, your liberty is at stake. Make sure to contact an experienced attorney who can fight to make sure that your rights are protected.
Can I Really Beat a Possession Charge?
Yes! There are plenty of options available that you may not even be aware of. You might be able to negotiate with the prosecutor for a plea bargain or even get the charges dismissed entirely. Do not plead guilty before contacting Rosenblum Law and evaluating your legal options.
What Penalties Can I Face?
Most people think that your first possession charge will not carry a high penalty. This notion is completely wrong.
Possession of Marijuana [N.J.S.A. 2C:35-10A(4)], even if it is your first offense, you can face:
- Up to 18 Months in Prison
- A Fine of $500-$15,000 (depending on how much you are found with)
- Loss of Your Driver’s License
- Drug Rehabilitation (at your expense)
For more information about Possession of Marijuana watch this video.
Possession of Narcotics or Controlled Substances [N.J.S.A. 2C:35-10] (which includes cocaine, heroin, methamphetamine, acid, ecstasy, GBH, and all other illegal narcotics, stimulants, hallucinogens, opiates, or depressants), even if it is your first offense, you can face:
- 3-5 Years in Prison
- A Fine of $1,000-25,000 (depending on how much you are found with)
- Loss of Your Driver’s License
- Mandatory Drug Education and Rehabilitation Programs
Lastly, for more serious drug-related offenses, NJ law permits the authorities to confiscate your car if they find a controlled dangerous substance (CDS).
Possessing Drug Paraphernalia
Remember, you can be charged with possession in a different context as well. Even if you do not have any drugs on you, but are in possession of drug-related paraphernalia, you can be charged with a crime.
Possession of Drug Paraphernalia [N.J.S.A. 2C:36-2], even if it is your first offense, you can face:
- Up to 6 Months in Prison
- A Fine of $500-$1,000 (depending on the surrounding circumstances)
- Suspension of Your Driver’s License for Up to 2 Years
Drug Possession Defense Strategies
There are several strategies that a skilled criminal defense attorney can use in order to win at trial or get your possession charges dismissed.
A motion to suppress any and all evidence that was unlawfully obtained can be filed. Do not forget, New Jersey’s constitution and the United States Constitution protects you against unreasonable searches and seizures. You also need to be properly given your Miranda rights upon being subject to custodial interrogations.
Take solace; the prosecutor bears a heavy burden when proving beyond a reasonable doubt: 1) that any substances involved were actually unlawful for you to possess and 2) that you were the one who possessed those substances.
Therefore, be sure to hire an experienced lawyer who can challenge both of those claims while also defending your constitutional rights.
Case Law Analysis
Frequently Asked Questions
Who Should You Contact?
If you or a loved one was charged with drug possession in New Jersey, contact Adam H. Rosenblum of Rosenblum Law today. Mr. Rosenblum is a skilled criminal defense attorney who has helped people in similar situations. He will defend your constitutional rights, fight to keep you out of jail, and do what he can to have your possession charges dismissed. E-mail or call him today at 888-815-3649.