Having any kind of drug offense on your record can ruin your life, making it difficult to obtain employment and housing. It can also result in significant jail time and severe financial penalties if you are found guilty of the crime. Whether you were charged with possession, distribution, manufacturing or trafficking, you need to act now to protect your rights and your future.
The laws in New Jersey state that a person cannot possess a controlled dangerous substance (CDS) without a prescription. This includes not only your typical street drugs, such as heroin, cocaine, MDMA, methamphetamine and ecstasy, but it also covers prescription medications that have been illegally obtained and distributed.
Those in possession of these types of medications can be charged with a third- or fourth degree criminal offense, depending on the drug and the amount in their possession. If you have a valid prescription and are caught with the drug, your lawyer can help you prove that you had the medication in your possession because of a legitimate medical need for it.
Drug crimes are generally prosecuted in the Superior Court of New Jersey, but some less serious cases may be downgraded to municipal court. A Drug Crime Lawyer are familiar with the procedures in these courts and has helped many clients avoid a criminal conviction. They can use their experience to get your case moved to Drug Court or Pre-Trial Intervention, or have the charges dismissed on the grounds of Probable Cause, Illegal Search and Seizure or other Constitutional violations.
Even a conviction on these drug charges can have a profound effect on your future. You could be unable to work in some fields, such as the health care industry, where you are required to have a clean record. You might be ineligible for certain types of public service jobs, and you might be subject to a lifetime probation term. A conviction will also appear on your criminal record and can follow you around for years to come.
If you have been charged with a drug related crime, you need to work with an experienced attorney as soon as possible. Contact a New Jersey drug crimes lawyer at our firm today to find out how we can help you. We offer free initial consultations and evening and weekend appointments for your convenience.
Despite increased efforts by state and local law enforcement agencies, illegal drug use, manufacturing, and distribution continues to be prevalent in New Jersey. The laws governing these activities are complicated, and the penalties for certain offenses can be severe. If you have been charged with any type of drug crime, it is critical that you retain an experienced NJ Drug Charges Lawyer as soon as possible to begin constructing a strong defense.
The state of New Jersey takes a more relaxed approach to marijuana than most other states, but the legalization of recreational marijuana has not changed the way the state handles other types of drugs. Marijuana remains classified as a Schedule I drug, which means it has no legitimate medical uses and carries a high risk of abuse. Similarly, Schedule II drugs such as hydromorphone and methadone have legitimate medical purposes but are still considered to be highly abused by those who misuse them.
Regardless of the type and amount of the drug in question, possessing it without a valid prescription is against the law in New Jersey. According to N.J. Rev. Stat. SS 2C:35-10, you may be guilty of a disorderly persons offense if you knowingly or constructively possess a controlled dangerous substance or its analog in violation of the Controlled Dangerous Substance Act. Only a licensed physician, dentist, veterinarian, or pharmacist can give you a prescription for these substances.
A more serious criminal charge is possession with intent to distribute. This is a second-degree crime, punishable by up to 18 months in prison and a $15,000 fine. You can be charged with this offense if you possess or have any intention to distribute less than 1 ounce of marijuana and other Schedule I or Schedule II drugs. If you are found to have more than 50 grams of marijuana or a significant amount of heroin, cocaine, LSD, or other major drugs, the charge will be upgraded to a fourth degree crime (felony) and you will face even more jail time and fines.
In some cases, it is possible to avoid a conviction of drug-related crimes by participating in a diversion program such as Pretrial Intervention or conditional discharge. Those who successfully complete these programs will have their original charges dismissed. The requirements of these programs vary, but they usually include community service, alcohol/drug treatment, and random drug testing.
If you are an active or retired member of the military, you may be eligible for a special veterans’ diversion program that can help you avoid the stigma of a criminal record if you are arrested for nonviolent drug-related offenses. In addition to the conditions outlined above, you will have to undergo psychological and drug/alcohol evaluations and meet other criteria in order to be eligible for this diversion.
An effective attorney can challenge the validity of your arrest, including challenging the stop, search, and seizure and the accuracy of laboratory test results used against you. In some cases, the attorney can also prove that you were improperly identified in a lineup or arrested due to racial, ethnic, socio-economic, or other biases.
New Jersey’s drug laws are harsh and can carry heavy penalties, even for first time offenders. Whether it is possession of marijuana or trafficking heroin, a conviction will not only cost you financially but could cause difficulties in your career and personal life. It is critical that you have a skilled New Jersey drug crimes lawyer by your side to develop a strong legal defense and minimize the negative impact of a criminal record.
A New Jersey drug crime is any offense related to the illegal use, distribution or sale of controlled dangerous substances (CDS). A CDS is any substance that requires a prescription for use and includes “hard drugs,” such as heroin, cocaine, methamphetamine, opium, and LSD, as well as medicinal products like pain relievers, muscle relaxants, and antidepressants. It is also against the law to possess a large amount of these substances without a prescription. The state classifies CDS into five categories, or schedules, based on their potential for abuse and medical value. A conviction for a CDS offense can lead to prison time, fines and other consequences.
The severity of a penalty for a drug offense depends on the type and amount of drugs involved in the case, as well as whether it occurred within a school zone or area, or near public housing or a community center. The penalty ranges from a minimum of three years in jail to a lifetime prison sentence. A convicted defendant may lose their driver’s license as well. A good New Jersey drug crime attorney can help a client fight to preserve their driving privileges and present information that might allow them to avoid jail time or a license suspension.
New Jersey drug crime attorneys are prepared to take the lead in your case and make sure that your rights are protected from the moment you are arrested. They will assess your circumstances, determine if you have Constitutional Defenses and pursue Diversionary Programs such as Drug Court and Pre-Trial Intervention in order to mitigate the consequences of a conviction.
In some cases, a talented New Jersey drug charges lawyer can move to have evidence excluded based on violations of your constitutional rights including probable cause, a lack of reasonable suspicion and improper search or seizure. If they are successful, the prosecutor may drop the charges or downgrade them to a lesser offense.
Regardless of the type or amount of drugs involved, a qualified New Jersey drug crimes attorney will work hard to get your case dismissed or reduce the charges and penalties as much as possible.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States
(201) 880-5311