Have you been arrested or charged with a drug-related offense? Turn to an experienced New Jersey drug crimes lawyer to provide the legal support you need.
What Types of Drug Charges Does Our Criminal Defense Law Firm Handle?
The Law Office of Jason A. Volet defends clients facing a wide range of drug-related charges in New Jersey, including those charged with drug crimes involving marijuana, cocaine (crack cocaine or powder cocaine), heroin, or prescription drugs. No matter the circumstances of your arrest, you deserve a strong legal defense tailored to your situation.
We work with clients who face drug charges that include:
- Drug possession
- Prescription drug charges
- Drug paraphernalia charges
- Drug manufacturing
- Drug trafficking
- Drug distribution or intent to distribute
- Drug distribution near a school or park.
What Are New Jersey’s Drug Laws?
New Jersey has strict laws governing the possession, manufacturing, and distribution of controlled dangerous substances (CDS). Penalties vary depending on:
- Type of drug
- Amount of the controlled dangerous substance
- Circumstances surrounding the alleged offense, including whether it allegedly occurred near a school or park.
Even a relatively minor drug charge could lead to serious consequences. Severe offenses may lead to lengthy prison sentences and steep fines.
Below are some of the most common charges a person may face under New Jersey’s drug statutes:
- Possession of CDS – Having a controlled dangerous substance without a valid prescription can result in criminal charges, with penalties depending on the drug schedule and quantity. (N.J.S. § 2C:35-10)
- Manufacture or distribution of CDS – New Jersey law treats producing or selling drugs severely. If someone dies as a result of the distribution, the distributor can face a first-degree crime. (N.J.S. § 2C:35-5)
- Distribution or possession of CDS in a school zone – New Jersey law enhances penalties for drug-related offenses that occur within 1,000 feet of school property. (N.J.S. § 2C:35-7)
- Selling or distribution in a public park or housing project – Offenses in these areas can lead to harsher sentences than similar charges elsewhere. (N.J.S. § 2C:35-7.1)
- Leader of a narcotics trafficking network – Acting as an organizer or supervisor in a large-scale drug operation is one of the most serious drug crimes in the state, carrying a life sentence with a 25-year wait before becoming eligible for parole. (N.J.S. § 2C:35-3)
Drug Schedule Classifications (Schedule 1 – 5)
Following federal law, New Jersey groups controlled dangerous substances into five schedules. The law ties penalties to the seriousness of the classification. The classification ranges from Schedule I drugs, which have no accepted medical use and a high risk of abuse, and Schedule II drugs, which carry medical uses but pose a serious risk of dependency, through Schedules III and IV drugs, which present lower risks of abuse. Schedule V drugs are subject to the fewest restrictions. Mandatory minimum sentences may apply even in nonviolent drug-related cases, making skilled legal representation critical if you’re facing a drug charge.
What Factors Could Affect the Type of Charge the State May Pursue?
Many factors can influence the severity of drug charges in New Jersey. Chief among these factors is the type and quantity of the substance. Where the alleged offense occurred and whether minors were involved can also impact how prosecutors build their case against you. If you have a prior criminal history can also play a role in the type of charges and determine whether you face misdemeanor-level penalties or more serious felony-level consequences.
Key Defenses to Drug Charges
Drug crime charges are intimidating, but you have options. An experienced drug crime defense lawyer can identify defenses that will protect your rights and may reduce the potential consequences.
The Law Office of Jason A. Volet builds customized defense strategies for your specific case. Every case is different, which is why we don’t rely on cookie-cutter defenses for each client.
However, here are common defenses to drug crimes, including:
- Constitutional violations – Law enforcement officers must follow the Fourth, Fifth, and Sixth Amendments. For example, if police searched your vehicle, home, or personal property without legal justification, a court may suppress that evidence. Similarly, if officers failed to read your Miranda rights before questioning, any statements you made may be inadmissible. When evidence gets suppressed, the prosecution may not have enough to convict, leading to a plea deal or dismissal.
- Errors in evidence handling or chain of custody – Prosecutors and law enforcement must carefully document each piece of evidence, from collection to lab analysis. Any lapses in procedure or failure to secure drugs properly can create a reasonable doubt. Challenging these errors may weaken the state’s case or result in dismissal.
- Inaccurate lab results – Controlled substance identification relies on lab testing. Mistakes during testing or mislabeling samples can call the results into question. We often consult independent experts to evaluate lab reports and challenge any inconsistencies in the evidence.
- Entrapment – If law enforcement induced or pressured you into committing a crime you otherwise would not have committed, that could be entrapment. However, proving entrapment requires showing that the criminal intent originated with the authorities, not with you.
- Lack of knowledge – In many drug cases, the prosecution must prove that you knowingly possessed or distributed a controlled substance. If you were unaware that any drugs were present (or if they were planted), this fact could lead to reduced or dismissed charges.
- Mistaken identity – Sometimes, witnesses and law enforcement misidentify suspects. We can investigate how your arrest occurred and look for evidence that would raise a reasonable doubt.
- Invalid or defective search warrants – Any search conducted under a flawed warrant may violate your rights. Challenging whether the warrant was valid could lead to the suppression of key evidence against you.
- Statutory deadline defenses – Prosecutors must bring criminal charges within specific time limits. If the prosecution files charges after the applicable statute of limitations, your lawyer can argue for a dismissal.
- Mitigating circumstances – Sometimes, mitigating circumstances can help reduce your sentence. Prosecutors might consider a lack of prior criminal history, efforts to seek rehabilitation, or minor involvement when deciding your sentence. Presenting this evidence can sometimes result in lesser charges or participation in alternative sentencing programs.
Combining multiple defenses, where applicable, often strengthens your overall position. With a dedicated drug crime defense attorney from the Law Office of Jason A. Volet, you’ll have an advocate who will carefully analyze every detail to find the best possible strategy.
What Are the Different Penalties for Drug Charges in New Jersey?
Penalties for drug offenses in New Jersey largely depend on the type of drug and quantity, among other factors. For example:
- Possession of a controlled dangerous substance – Charges can range from disorderly persons offenses to third-degree crimes, depending on the drug schedule and amount. Minor possession could result in probation or participation in a conditional discharge program, while larger quantities can carry multi-year prison terms.
- Possession with intent to distribute – If the state alleges you intended to sell controlled substances, the punishments increase. Third- or second-degree charges can carry significant prison time, fines, and long-term consequences for employment and housing.
- Manufacturing or distribution of a controlled dangerous substance – Producing or selling controlled dangerous substances such as heroin or cocaine can result in fourth- through first-degree charges.
- Distribution near schools, parks, or public housing – If you sell drugs in these protected areas, you’ll face third-degree charges.
- Leader of a narcotics trafficking network (Drug Kingpin law) – Supervising or organizing a large-scale drug operation results in some of the harshest penalties in New Jersey, including life imprisonment with a 25-year parole ineligibility period.
Even first-time offenses can lead to long-term consequences, ranging from restricted professional opportunities to losing your driver’s license. The Law Office of Jason A. Volet will help you explore alternatives and defenses that could help mitigate these outcomes.
What Is New Jersey’s Drug Kingpin Law?
New Jersey’s Drug Kingpin Law targets anyone with a central role in large-scale drug trafficking networks. Acting as a leader, supervisor, or organizer of a criminal enterprise puts you at risk for life imprisonment.
The state defines a “kingpin” as anyone who:
- Directs or controls drug trafficking operations
- Manages distribution networks
- Supervises subordinate participants in the criminal enterprise
When prosecutors believe they have a drug kingpin case, they work aggressively for a conviction. Working with a skilled drug crime attorney is invaluable.
How Can Our Drug Crime Attorneys Help You?
The Law Office of Jason A. Volet has decades of experience defending against drug crimes. Our approach includes:
- Thorough case review – We look at every piece of evidence, from arrest reports and lab results to witness statements and the handling of the evidence. We independently investigate, then use that information to build the most vigorous defense possible.
- Negotiating with prosecutors – We aggressively pursue charge reductions, diversion programs, and alternative sentencing where eligible.
- Highly skilled courtroom representation – Jason A. Volet is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, which means he provides especially skilled advocacy in hearings and at trial.
- Guidance through alternative sentencing – We facilitate participation in pre-trial intervention, conditional discharge, or drug treatment court programs for eligible clients.
Clients consistently choose the Law Office of Jason A. Volet for our combination of highly qualified legal advocacy and personal attention. We offer:
- Extensive trial experience – Jason A. Volet’s two decades of experience handling felonies and misdemeanors means we’re familiar with every type of drug charge.
- A former prosecutor’s perspective – Understanding how the state evaluates and builds its case gives us a strategic advantage in court.
- Certified criminal trial attorney – Jason A. Volet’s Supreme Court of New Jersey certification reflects his skill and commitment to high-level representation.
- Proven results – Our firm has successfully reduced charges, negotiated alternative sentencing, and obtained dismissals in hundreds of cases.
- Client-focused approach – We know criminal charges can be frightening, so we offer clear, empathetic guidance at every stage of your case.
Choosing the right defense attorney is one of the most important decisions you can make after an arrest. Our firm delivers a combination of experience and personal attention that can make all the difference.
Are There Alternatives to Going to Jail for My Drug Charges?
In New Jersey, specific programs may provide alternatives to incarceration for eligible individuals facing drug charges, including:
- Pre-trial intervention – Under N.J.S. § 2C:43-12, pre-trial intervention allows first-time offenders to avoid a criminal record by completing supervision and conditions set by the court.
- Conditional discharge – The conditional discharge program (N.J.S. § 2C:36a-1) offers a similar option for minor possession charges, often involving probation.
- Drug treatment court – Drug court provides treatment-focused supervision under N.J.S. § 2C:35-14, giving individuals the chance to address substance abuse issues while avoiding lengthy jail sentences.
Your New Jersey criminal defense lawyer can help you understand whether these alternatives may be available.
Contact a New Jersey Drug Crimes Attorney Near You Today
A criminal drug conviction in New Jersey can change your life forever. Even beyond serving the actual sentence, the repercussions can haunt you as you search for jobs and try to build new relationships and repair old ones. Don’t leave the fate of your future in the hands of a New Jersey drug crimes attorney who is inexperienced or desperately angling to handle your case on the cheap. Serious charges require serious representation.
New Jersey drug defense lawyer Jason A. Volet has more than 2,000 criminal cases under his belt and has spent time on both sides of the table. He aggressively fights for clients’ rights throughout New Jersey. If you or a loved one is struggling to combat drug charges, contact us today for a free consultation and get started on your defense.
