If you’ve been arrested and charged with possession of a controlled substance, you may wonder whether there’s any way to get the charge dismissed. New Jersey offers several possibilities for getting a drug possession charge dismissed, although this option isn’t available in all cases and depends on your unique circumstances.

It’s not easy to get drug possession charges dismissed. However, a knowledgeable New Jersey drug crimes defense lawyer can help you understand your options, guide you through the process, and pursue a favorable outcome that allows you to move forward more easily after a legal challenge.

What Is the Most Common Drug Possession Charge?

Now that possession of up to six ounces of marijuana is legal for adults age 21 and older in New Jersey, the most common drug possession charges are:

• Possession of marijuana by individuals under 21
• Possession of more than six ounces of marijuana
• Possession of other controlled substances
• Possession of drug paraphernalia

New Jersey’s controlled dangerous substances schedule classifies drugs based on their potential for abuse and their recognized use for medical purposes.

Schedule I illegal drugs are those with the highest potential for abuse and a lack of accepted medical uses in the United States. These include a wide variety of opiates and narcotics, including heroin and LSD. Most other opiates and narcotics, including cocaine, are classified as Schedule II substances.

Schedule III substances include most stimulants and barbiturates, as well as certain narcotics. Ketamine and methamphetamine are examples of Schedule III substances.

Schedule IV and V substances have a lower potential for abuse and are accepted for use in medical treatment, but they also have the potential to cause dependency.

What Are New Jersey’s Drug Possession Laws?

New Jersey forbids the possession of controlled dangerous substances without a valid prescription. Possession of Schedule I, II, III, and IV substances is a third-degree felony punishable by 3 to 5 years in prison and a fine of up to $35,000. Possession of a Schedule V substance is a fourth-degree felony punishable by up to 18 months in prison and a fine of up to $15,000.

Possession of more than six ounces of marijuana is a fourth-degree felony regardless of the age of the offender. Underage possession of up to six ounces of marijuana results in a series of written warnings.

What Are Some of the Most Common Ways to Beat a Drug Possession Charge?

The most favorable outcome in your drug case is for your criminal defense attorney to successfully persuade the prosecution to drop the charges against you. There are several potential defense strategies they may use, depending on the circumstances of your arrest:

• The police unlawfully searched your vehicle or person, such as by searching without probable cause or otherwise violating your constitutional rights.
• The substance was contaminated, tampered with, or unaccounted for at any point between the seizure and being sent to the testing lab.
• The substance wasn’t tested according to proper procedures or in a timely fashion.
• The substance was not in your possession.
• There was no intent to distribute the substance.

Police are required to follow precise procedures when arresting someone for drug crimes and seizing controlled dangerous substances. If your attorney uncovers any failure to follow proper procedure or can otherwise call the charges into question, they may be able to secure the dismissal of the charges against you. They may do this by presenting evidence in your favor or successfully moving to suppress evidence obtained illegally or improperly.

What Is a Conditional Discharge Program?

If you’re a first-time offender in violation of New Jersey drug possession laws, you may qualify to participate in a conditional discharge program. This program allows you to have your charges dismissed after successfully completing a term of probation.

Completion of the program requires you to meet with an assigned probation officer, who will provide direction regarding the payment of any fees, fines, or restitution. You’ll also be required to take a drug test. If you pass, you won’t be required to meet with the probation officer again. Upon completing your probation, your case will be dismissed, and all charges will be dropped.

What Is Pretrial Intervention?

New Jersey also has a Pretrial Intervention (PTI) program geared toward first-time offenders who may benefit from counseling and other services instead of serving jail time. For example, an offender whose possession charge stems from their struggle with prescription drug addiction may be able to have their first-time possession charge dismissed if they successfully complete PTI.

The program can last as long as 36 months and involves regular meetings with a probation officer, payment of certain fees, and full compliance with treatment recommendations and requirements.

Ask your criminal defense lawyer whether you might be a good candidate for the conditional discharge or Pretrial Intervention programs.

How Can a New Jersey Criminal Defense Attorney Help?

Facing criminal charges can be stressful and confusing. A New Jersey drug crimes defense attorney can help you navigate the legal system and ensure your rights are upheld throughout the process. Thanks to their knowledge of the law, understanding of the system, and experience handling drug cases, your attorney can advocate for your rights and pursue the most favorable outcome for your case.

At every stage of the process, from pretrial negotiations through the trial and its aftermath, your attorney will look out for your best interest and be prepared to provide the information and support you need.

Contact a New Jersey Drug Crimes Defense Lawyer

The Law Office of Jason A. Volet has over 15 years of experience handling felony and misdemeanor cases for New Jersey and New York clients, including drug cases ranging from simple possession to distribution and more.

When you’re facing drug charges, you need a New Jersey drug crimes defense attorney with significant experience representing clients charged with these serious offenses. You can trust our team to provide the attentive, detail-oriented, and personalized legal services you need. Contact us today to review your legal options in a free consultation.

Visit Our New Jersey Drug Crimes Defense Law Offices

Longstanding views on certain drugs and drug-related crimes are slowly changing around the country. But laws don’t always change as quickly as society’s attitudes about certain crimes. Drug offenses still carry stiff penalties in New Jersey. You should take it seriously if you’ve been accused of a drug crime. Even for first-time offenders, the penalties for drug crimes can be severe. At The Law Office of Jason A. Volet, we know how to handle all types of New Jersey drug offense cases. Volet is a former prosecutor who’s also certified by the New Jersey Supreme Court as a criminal trial lawyer. During his time as both a prosecutor and defense attorney, Volet has handled thousands of drug cases, giving him inside knowledge that he now uses to help his clients. Volet exclusively focuses on criminal law, dedicating his law practice to clients who most need his help when they’re facing the wrath of the justice system. To get your free and confidential initial consultation, call us or visit our firm’s contact page.

Penalties for a First-Time Drug Offense in NJ

The potential penalties for a first-time drug offense in New Jersey depend on several factors. The biggest factors are:

• What drugs were allegedly found in your possession?
• How much of the substance did you allegedly have on you?
• Can the police argue that you intended to distribute those drugs?

The penalties for possessing drugs other than marijuana — cocaine, heroin, methamphetamine, LSD, ecstasy, opiates, etc. — are much harsher. In New Jersey, the potential penalties for possessing any amount of these drugs include:

• Up to 5 years in prison
• A fine of up to $35,000

In addition to the penalties listed above, a conviction for a drug offense can also lead to your driver’s license being suspended and your vehicle being seized by police. Furthermore, possessing large amounts of these drugs may constitute evidence of possession with intent to distribute. Though the specifics vary depending on the drug in question, a conviction for possession with intent to distribute carries much harsher penalties, including:

• Heroin
  • For amounts less than half an ounce, you could go to jail for up to 5 years and need to pay a fine of up to $75,000.
  • For amounts between half an ounce and 5 ounces, you could go to jail for up to 10 years and need to pay a fine of up to $75,000.
  • For amounts greater than 5 ounces, you could go to jail for up to 20 years and need to pay a fine of up to $300,000.

• LSD
  • For amounts less than 100 milligrams, you could go to jail for up to 10 years and need to pay a fine of up to $75,000.
  • For amounts greater than 100 milligrams, you could go to jail for up to 20 years and need to pay a fine of up to $300,000.

For other drugs, the penalties for possession with intent are very similar to what is listed above.

Will I Face Jail Time If It Was My First Drug Offense?

You could face jail time even for a first-time drug offense. If you show remorse and have no prior criminal charges, there’s a chance that police and prosecutors will go a little easier on you, but there’s no guarantee. Any drug offense, including a first-time offense, should be taken extremely seriously.

Options You May Have

New Jersey has a few options for drug offenders that can allow them to avoid a trial and the harshest criminal penalties. These include:

• Pre-trial intervention – Pre-trial intervention is a diversionary treatment and rehabilitation program aimed at helping drug addicts break the cycle of addiction. It is available only for first-time drug offenders who have not committed other crimes.
• Conditional discharge – In some drug cases, defendants can plead guilty but avoid having a drug conviction on their permanent record by serving probation, rather than a sentence, and meeting other conditions. Once these conditions are met, the case is dismissed.
• Drug court – Some first-time drug offenders can be placed into the drug court program, where they will need to enroll in a treatment program and meet other conditions to avoid the harsher penalties that come with most drug offenses. However, unlike pre-trial intervention or a conditional discharge, the defendant is required to plead guilty and the offense will go on their permanent record.
• Veterans diversion program – New Jersey recognizes that some veterans face unique challenges after leaving the armed forces and offers them an alternative to the traditional justice system. Like the other options mentioned above, this program generally requires offenders to enroll in counseling and some kind of treatment program.

How Can a Drug Crimes Defense Attorney Help?

A conviction for drug crimes in New Jersey can have a disastrous impact on your life – even if it’s a first-time offense. That’s why hiring a drug crimes lawyer is crucial. If you’re accused of a drug offense, here’s some of what The Law Office of Jason A. Volet can do for you:

• Examine your case to see if any evidence was obtained through an illegal search and attempt to have that evidence thrown out. Your case could be dismissed.
• Negotiate with police and prosecutors to get into some kind of alternative sentencing program, such as pre-trial diversion or a conditional discharge.
• Provide you with aggressive representation if your case goes to trial.

Speak with our team today for free by calling us or by visiting our firm’s contact page.

Typically, law enforcement officers in New Jersey must obtain a warrant before they can search a person or a person’s property. However, an exception exists for automobiles. Police officers do not need a warrant to make a traffic stop or search a person’s vehicle. Instead, they can act based on reasonable suspicion that the driver is engaged in criminal activity, including having drugs or other contraband in the car.

Here, we address several questions that people frequently ask when it comes to traffic stops and searches that lead to drug arrests in New Jersey. To discuss the specific facts of your case with an attorney who has litigated traffic stops and drug arrests as both a prosecutor and as a criminal defense attorney, contact The Law Office of Jason A. Volet today. We will provide a free consultation about your case.

When can a police officer stop your car in New Jersey?

The Fourth Amendment of the U.S. Constitution and Article I, Section 7 of the New Jersey Constitution protect the rights of people to be free from unreasonable search and seizure. So, in order for a traffic stop, or seizure, to be “reasonable,” it must have a lawful justification. In New Jersey, the rule is that a police officer must have reasonable and articulable suspicion that the driver or passengers are engaged in some form of criminal activity.

For instance, an officer may have reason to believe that a driver has violated traffic laws by speeding, driving with an expired registration tag or driving while impaired by drugs or alcohol. Once the officer stops a driver, the officer must address the reason for the stop and cannot go beyond that unless the officer develops reasonable suspicion of other criminal activity. For example, if the officer reasonably suspects that drugs are in the car, the officer may detain the driver in order to conduct a dog sniff the car’s exterior.

Can a police officer search your car without a warrant in New Jersey?

A police officer in New Jersey does not require a warrant to search your car after pulling you over. However, the officer still needs lawful justification. Similar to a traffic stop, the officer must have reasonable and articulable suspicion that drugs or other contraband are in your car or probable cause to believe that such items could be found in the vehicle.

To determine whether an officer had reasonable suspicion, a court will look at all of the circumstances and take into account the officer’s training and experience. Even legal behavior could contribute to the officer’s suspicion such as nervous behavior or a suspicious story which the driver gives about his or her travels. In some situations, an officer may have probable cause to search the vehicle based on the “plain smell” of marijuana or other drugs or seeing drugs or other contraband in “plain view.”

Occasionally, an officer will receive a tip that someone is transporting drugs. The tip may justify the stop and search of a car. However, the officer must observe things which independently corroborate the tip before the officer can conduct a search of the vehicle without a warrant.

In several other situations, an officer may conduct a warrant less search of a car. For instance, you may give the officer consent to search, or “exigent circumstances” may exist that pose a threat to the officer’s safety. If you are arrested, an officer may search the vehicle incident to the arrest in order to inventory the car’s contents.

What is the charge for getting caught with suspected drugs in your car?

When suspected drugs are found in your car, you will likely face a possession charge. The severity of those charges will mainly depend on two factors:

• Type – In New Jersey, controlled dangerous substances (CDS) are categorized into schedules depending on their risk for abuse. Drugs with the highest risk of abuse are classified as Schedule I, while drugs with the lowest risk are classified as Schedule V. Possession of a Schedule I CDS carries more serious penalties than a Schedule V drug possession charge.
• Amount – A larger quantity of suspected drugs will lead to a more serious charge. For example, possession of less than 50 grams of marijuana is a disorderly persons offense, or misdemeanor, which carries up to six months of imprisonment. However, possession of more than 50 grams of marijuana is a crime of the fourth degree, or felony, which can result in up to 18 months in prison. Additionally, if you are found with a large amount of drugs, you may be charged with possession with intent to distribute.

Keep in mind: An arrest is not a conviction. If the police violated your constitutional rights in the stop and search of your car, for instance, a court may throw out all of the evidence which the police obtained as the result of their unlawful conduct and, in all likelihood, dismiss the drug charge(s). In some cases, a forensic chemist fails to follow proper procedure when testing the substances alleged to be drugs, which can lead to a lab report getting thrown out. Additionally, the prosecution’s evidence may fail to show that you knowingly possessed the drugs.

What should you do if the police arrest you for drugs found in your car?

If the police arrest you for suspected drugs found in your car in New Jersey, you should know the proper steps to take in order to protect your rights. The four main steps are:

• Remain calm – Getting arrested, regardless of the charge, can be scary. Still, you need to remain calm and avoid any other behavior that could make your situation worse. Getting upset or angry will not help. It could even cause you to say something that a prosecutor will try to use against you later on.
• Know your rights – Before a law enforcement officer questions you while you are in custody, the officer must read your Miranda rights to you. Those rights include the right to remain silent, and the right to speak with an attorney.
• Remain silent – Refusing to say anything about the circumstances leading to your arrest, or the arrest itself, is your right. Do not say anything other than you would like to speak to an attorney right away.
• Cooperate – While you should remain silent, you should also cooperate with the police officers as you go through the “booking” process. If you fail to cooperate, it could lead to additional charges.

Contact a New Jersey Drug Crimes Defense Attorney Today

The most important step that you can take after the police arrest you for suspected drugs in your car is to get legal help. As an attorney who has been certified by the Supreme Court of New Jersey as a criminal trial lawyer, Jason A. Volet will know how to thoroughly investigate all aspects of your case and explore all possible defenses. Prosecutors want to convict you. His sole focus will be to keep that from happening. To get started, contact us today and receive a free consultation about your case.

You can get in legal trouble in many ways because of drugs – even without having drugs in your possession. Possession of drug paraphernalia is one of those situations. In particular, you may face serious consequences in New Jersey if you are found to be in possession of a needle or syringe that is being used for illegal drug-related purposes.

If you or a loved one has been charged with possession of a hypodermic needle or syringe in New Jersey, you should get help as soon as possible from an experienced drug crimes defense lawyer who will protect your rights and help you to fight the charge. As we explain in more detail below, several defenses may be available to you. Your lawyer should know how to explore all options and work tirelessly to pursue the best outcome for you.

Are Hypodermic Needles Illegal to Possess In New Jersey?

Under N.J.S.A. 2C: 36-6, it is generally illegal to possess a hypodermic needle or syringe in New Jersey for the use of a controlled dangerous substance such as heroin. You also cannot sell or give such a needle or syringe to another person. If you are charged with this type of drug paraphernalia possession, you could be found guilty of a disorderly persons offense.

What Is a Disorderly Person’s Offense

A disorderly persons offense in New Jersey is the equivalent of a misdemeanor. Technically, such an offense is deemed to be less serious of a criminal act than an indictable crime, or felony. Still, a disorderly persons offense charge could have a major impact on your life for many different reasons. If convicted, you could:

• Face up to six months in jail and a fine of up to $1,000.
• Lose your driver’s license for up to two years.
• Lose a professional license or certification.
• Face other consequences such as the loss of your job and standing in your community.

Can I Possess a Hypodermic Needle in New Jersey?

It is important to note that you can possess and use a hypodermic needle or syringe in New Jersey if:

• You obtain it with a valid prescription issued by a licensed physician, dentist or veterinarian, and you use the needle or syringe for its authorized purpose.
• You are, in fact, a licensed physician, dentist, veterinarian, nurse, pharmacist or other health care professional who is authorized by the statute to possess the needle or syringe.

Can I Be Charged If I Don’t Use The Syringe?

Additionally, you should know that you could face a charge based on how you discard the needle or syringe (regardless of whether it was used for lawful or unlawful purposes or, for that matter, whether it was used at all). Under N.J.S.A. 2C: 36-6.1, it is a disorderly persons offense if you:

• Discard the needle or syringe in a place accessible to other persons without destroying it, or
• If you own, lease or otherwise control property while knowing that needles or syringes that are in intact condition have been discarded or abandoned on the property, and you let them remain there.

How Do You Dispose of Needles and Syringes Properly?

A needle is considered to be destroyed if the needle is broken off or mangled, while a syringe is destroyed if the nipple is broken from the barrel, or if the nipple and barrel are melted. You can also destroy a needle or syringe by putting it into a “rigid container” that is ground up or crushed in a compactor, or if it is burned in an incinerator.

If you are charged with unlawful possession, sale or distribution of a hypodermic needle or syringe, or if you are charged with illegally discarding needles or syringes in New Jersey, you need to take the charge seriously. You should get help from an attorney without delay.

New Jersey’s Hypodermic Needle Laws Have Evolved Over the Years

New Jersey, like many states, has struggled with the conundrum of wanting to punish and deter people from using hypodermic needles and syringes for illegal drug use while, at the same time, addressing the broader public health concerns that needle and syringe use present. Over the years, New Jersey law has evolved and leaned towards prevention of the spread of HIV/AIDS, hepatitis C and other bloodborne diseases through the use of used or “dirty” needles.

For instance, in 2006, New Jersey passed a law (N.J.S.A. 2C: 36-6a) which allows possession of a hypodermic needle or syringe (even if it still has a “residual amount” of a controlled dangerous substance) by any person who participates in or is an employee or volunteer of an approved “sterile syringe access” program – commonly called “needle exchange” programs.

As this report indicates, the programs have made a “huge impact” on the communities where they are located: Atlantic City, Camden, Jersey City, Newark and Paterson. Many people who participate in these programs have received more than sterile needles and syringes. They have also undergone drug treatment and received HIV testing and treatment. As a result, New Jersey passed a law in 2017 that allowed needle exchange programs to open in any municipality and authorized $200,000 for five pilot programs.

Additionally, in 2012, New Jersey enacted a law (N.J.S.A. 2C: 36-6.2) that allows an adult (over age 18) to buy up to 10 hypodermic needles or syringes without a prescription (or more than 10 if the adult has a valid prescription) as long as the adult buys the needles or syringes at a licensed pharmacy. (It’s still illegal to turn around and sell the needle or syringe to another person.)

It’s important to point out that the law imposes several requirements on the pharmacy. Before selling the needles or syringes, the pharmacy must:

• Check the buyer’s age by asking for a photo ID or other proof of age
• Keep the items under or behind the pharmacy sales counter
• Give the buyer a New Jersey Department of Health pamphlet that has information about substance abuse treatment and how to safely dispose of the needle or syringe.

What If I am Charged With Needles I Bought Legally?

So, if you are charged with possession of a needle or syringe, you can raise as a defense under N.J.S.A. 2C: 36-6.3 that the needles were obtained from the pharmacy. However, you would need to show that you obtained them legally “by a preponderance of the evidence.” A lawyer with experience handling drug defense cases will know how to gather and present that evidence on your behalf and fight the charge against you.

Get Help from a New Jersey Drug Crimes Defense Attorney

If you or a loved one has been charged with possession of a hypodermic needle or syringe or a related drug offense, contact attorney Jason A. Volet today for a free consultation. He is certified by the Supreme Court of New Jersey as a criminal trial lawyer, and he has handled more than 2,000 cases over the course of his legal career as both a prosecutor and as a criminal defense attorney. He will put his knowledge and experience to work for you right away.