Drug Possession Attorney in New Jersey
At the Law Office of Jason A. Volet, we understand that facing drug possession charges can be overwhelming and distressing. Contact our New Jersey drug possession lawyer today.
Contents
- 1 Possession With Intent to Distribute
- 2 Controlled Dangerous Substance (CDS) Possession Charges in New Jersey – NJSA 2C:35-10
- 3 What Should I Expect When Facing a Drug Possession Charge?
- 4 Possession of Controlled Dangerous Substances
- 5 What Is Considered a Controlled Dangerous Substance?
- 6 What Are the Schedules of Controlled Substances?
- 7 What Are Potential Penalties for Possession of Controlled Dangerous Substances (CDS) in New Jersey?
- 8 Contact Us Today to Speak to Our Knowledgeable New Jersey Drug Possession Lawyer
- Fines
- Probation
- Drug awareness/drug counseling classes
- Random drug testing
- Jail time
Common types of drug possession charges in New Jersey:
As experienced drug possession attorneys in New Jersey, we understand that individuals need legal help with handling drug possession charges and we are here to help you.
Possession With Intent to Distribute
Facing charges of drug possession can be daunting, and being convicted on those charges can have serious consequences. In most cases, if you are in possession of a certain amount of illegal drugs, it is assumed by law enforcement officials that you had an intention to distribute them to others.
Because of this assumption, courts can pursue a case for drug possession with intent to distribute, and prosecutors are under no legal obligation to actually prove that you are distributing drugs.
Controlled Dangerous Substance (CDS) Possession Charges in New Jersey – NJSA 2C:35-10
You should consider that some drugs have more severe penalties for possession of a controlled substance; this article delves into the various penalties in more detail, and if you’ve been charged with criminal possession of prescription drugs, you can find out more here.Under N.J.S.A. 2C:35-10, it is unlawful for any person to “knowingly or purposely” possess a controlled dangerous substance (unless the person has a valid prescription).
A controlled dangerous substance, or CDS, is any drug, substance, or immediate precursor found in one of five “Schedules” that are set out in N.J.S.A. 24:21-5 to 8.1.
If you are found guilty of possession of a CDS, the penalties you face will depend on which schedule the drug falls within as well as the amount and other factors.
For instance, under N.J.S.A. 2C:35-10, you can be ordered to perform a minimum of 100 hours of community service if you are found to possess a CDS on school property, including a school bus, or within 1,000 feet of school property. Contact our aggressive New Jersey drug possession lawyer today.
Additional things you should consider:
Possession with Intent within 500 Feet of a Public Park Being caught within 500 feet of public housing or a public park elevates that crime up to a second degree, meaning that you would be facing a mandatory period in state prison of between five and ten years.
Possession with Intent within 1000 feet of a School Zone If you’ve been charged with possession with intent to distribute a controlled dangerous substance or CDS drug within 1000 feet of a school zone, it’s imperative that you contact a New Jersey Criminal Defense Lawyer immediately.
Possession with intent within 1000 feet of a school zone is slightly different than your normal possession with intent to distribute a controlled dangerous subject; state prison is mandatory as well as a period of parole ineligibility.
What Should I Expect When Facing a Drug Possession Charge?
The New Jersey criminal court system is complicated, and possession of drug paraphernalia and drug possession cases can take a while to wind their way through the justice system.
- First appearance and bail:
When you are arrested or receive a notice to appear in court, contact an attorney immediately so you have someone to represent you at your first appearance. This is when your bail will be set, and an experienced New Jersey drug possession attorney can demand the lowest possible bail for you, or request that you be released on your own recognizance.
- Substance abuse evaluation:
The court’s substance abuse evaluators will probably meet with you to test for illegal substances in your system. They will also discuss your history of drug use. Depending on how this evaluation goes, a judge may determine you should be sent to a drug treatment program.
- Pre-trial negotiations:
There is much legal maneuvering that occurs between the bail hearing and the actual trial. To prevent your drug possession case from even going to trial, a knowledgeable New Jersey drug possession defense lawyer may try to persuade the prosecutor that the charges should be downgraded or dismissed. Depending on the circumstances of your case, your attorney may try to strike a plea deal to get the charges or the penalties severely reduced.
If you are eligible, your defense lawyer may request pre-trial intervention (PTI) to help you avoid formal prosecution altogether. Even if you have been indicted, a dedicated drug possession defense attorney can continue negotiating to try to reach a favorable resolution for your case before trial.
(Note that 70 percent of cases are resolved without the defendant having to go to trial.)
- Trial and afterward:
If you do end up having to go before a jury, that’s when your decision to hire a loyal and knowledgeable New Jersey drug defense litigator will really have an impact. Hiring an attorney with extensive trial experience and a thorough understanding of how a jury thinks is a definite advantage in a drug possession trial. A savvy defense attorney will also be thinking beyond the trial in case you need to appeal the decision later.
Possession of Controlled Dangerous Substances
At the Law Office of Jason A. Volet, we know that facing a charge of possession of controlled dangerous substances can be extremely stressful, both for the person accused and for his or her family. Even a conviction for possessing small amounts of a controlled substance can result in serious penalties and long-lasting consequences.
As a former Monmouth County criminal prosecutor, Mr. Volet understands how these types of drug cases are handled. He also knows that having inadequate or inexperienced representation can mean defendants miss out on the many opportunities a defense attorney has to argue for charges to be reduced or dropped.
If your freedom and your future are on the line, you need a highly experienced and compassionate criminal defense attorney to fight for your rights. Mr. Volet is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction that indicates he has achieved an impressive level of education, experience, and skill in this area of law. Now, he stands ready to craft a strong defense for you.
What Is Considered a Controlled Dangerous Substance?
What is a CDS drug?
Many prescription drugs and illegal drugs fall under the controlled dangerous substance (CDS) category.
New Jersey law defines a “controlled dangerous substance” as:
- A drug, substance, or immediate precursor outlined in Schedules I through V
- Any substance the distribution of which is specifically prohibited, such as flunitrazepam and gamma-hydroxybutyrate
- Any drug or substance that, when ingested, is metabolized or otherwise becomes a controlled dangerous substance in the human body
What Are the Schedules of Controlled Substances?
In New Jersey, controlled dangerous substances are classified into five categories, known as “schedules.”
These include: Schedule I substances, which have:
- A high potential for abuse
- No accepted medical use in treatment in the U.S. or no accepted safe use for treatment under medical supervision
- A high potential for abuse
- A currently accepted medical use in the U.S. with severe restrictions
- The potential to lead to psychological or physical dependence if abused
- A potential for abuse that is less than the substances listed in Schedules I and II
- A currently accepted medical use for treatment in the U.S.
- The potential to lead to moderate or low physical dependence or high psychological dependence if abused
- A low potential for abuse relative to the substances listed in Schedule III
- A currently accepted medical use in treatment in the U.S.
- The potential to lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule III
- A low potential for abuse relative to the substances listed in Schedule IV
- A currently accepted medical use in treatment in the U.S.
- A limited potential for physical dependence or psychological dependence relative to the substances listed in Schedule IV
What Are Potential Penalties for Possession of Controlled Dangerous Substances (CDS) in New Jersey?
What is possession of CDS? A conviction on a drug possession offense can result in a wide range of repercussions, both immediately and down the line.
In New Jersey, a drug possession conviction carries an average fine of $35,000, and a convicted person can face up to 10 years in prison.
Depending on what type of CDS you are accused of possessing, as well as the amount and any other mitigating factors. If caught in possession of CDS drugs you may be facing:
- Jail time
- Fines and other fees
- Probation
- Random drug testing
- Drug counseling or classes
A conviction for possession of CDS can hurt your chances of finding a job or obtaining any other goal that requires a background check.
As an experienced New Jersey criminal defense lawyer, Mr. Volet will fight every step of the way for the possession charges against you to be reduced or dropped.
In addition to building a strong defense, our legal team will also identify any opportunities for pre-trial intervention (PTI) to avoid a conviction.
Contact Us Today to Speak to Our Knowledgeable New Jersey Drug Possession Lawyer
At the Law Office of Jason A. Volet, our dedicated defense team is committed to helping those charged with possession of a controlled dangerous substance fight these serious accusations and avoid the harsh penalties they carry. Whether you are charged with possession, possession with intent to distribute, or any other serious drug offense, we are here to help.
With extensive experience as both a drug possession crime prosecutor and a loyal criminal defense lawyer, Jason A. Volet has handled more than 2,000 cases over the course of his legal career.
He has earned a reputation as a fierce negotiator and a respected litigator, and he is committed to protecting the rights of clients in Freehold, Neptune, Keansburg, Marlboro, Middletown, Wall Township, Manalapan, Howell, Rumson, Red Bank, Ocean Township, Colts Neck, Holmdel, Monroe, Millstone, and anywhere else in Monmouth County and Middlesex County.