First-Time Drug Offenders in NJ

Being arrested on drug charges can be a stressful and overwhelming experience, especially if this is a first-time drug offense. You may have questions about the possible penalties you’re facing, the long-term consequences, and whether you can do anything to improve your situation.

The Law Office of Jason A. Volet works with first-time drug offenders in NJ to pursue the best possible outcome. If you’ve been arrested and charged with drug offenses, contact us right away for a free consultation with an experienced New Jersey drug crimes defense lawyer.

What Types of Drug Charges Does New Jersey Have?

New Jersey drug offenses range in severity from a disorderly persons offense (or misdemeanor) to a first-degree indictable offense (or felony). The potential penalties you face will differ depending on the severity of the charge. Possession of drug paraphernalia, for example, will be punished less severely than drug distribution.

It’s important to note that while New Jersey has broadly legalized marijuana use and possession, marijuana is now regulated much like alcohol and still subject to criminal penalties in some cases.

What Defenses Can Be Used for a First-Time Drug Charge?

Being convicted of a drug crime isn’t inevitable. Your attorney will review the facts of your case to identify a defense strategy that might apply in your situation.

For example, your New Jersey drug crimes defense lawyer may discover that the police made a procedural error when they searched or arrested you. Perhaps they didn’t have probable cause to stop your vehicle, or they conducted an illegal search. This may be enough to get your case dismissed. Alternatively, your lawyer may challenge the lab results or argue that the substance the police confiscated was mishandled.

What Are the Penalties for a First-Time Drug Offense in New Jersey?

The potential penalties for a first-time drug offense can be severe, involving fines as well as jail time. In fact, the law doesn’t technically require lower penalties for first offenses, although prosecutors may be more lenient if you don’t have a prior criminal record.

For instance, in a case involving simple prescription drug possession without a valid prescription charge, you may face 3 to 5 years in prison and a fine of up to $35,000. For even more serious charges, such as possession with intent to distribute, you may face up to 20 years in prison and a fine of up to $500,000.

What Factors Can Influence the Penalty for a First-Time Drug Offense?

The actual penalties you face will depend on several factors, but the most important is the specific charge and how it’s classified under the law. A first-degree charge of distributing heroin, for example, will be penalized much more harshly than possession of drug paraphernalia.

New Jersey treats some substances more severely than others. The substance in question and the amount you’re accused of possessing will affect the potential penalties. If the volume is enough to suggest you intended to distribute it, this will also increase the possible penalties.

Will the Penalties Be Less Severe If This Was My First Offense?

New Jersey doesn’t officially require lesser penalties for first offenses. However, if you don’t have a prior criminal record, prosecutors and courts may be less inclined to pursue especially harsh penalties – particularly if you show a sense of remorse and a commitment to follow the law going forward.

Can I Go to Jail If This Was My First Drug Offense?

Technically, you can face jail time for a first-time drug offense. While you’re less likely to be sentenced to serve time in prison for your first offense, it’s still a possibility you should take seriously. An experienced criminal defense attorney will fight for a more favorable outcome, using their knowledge of the law to argue for a lesser sentence.

Do I Have Options Other Than Jail for My First-Time Drug Offense?

New Jersey offers several options that may make it possible for you to avoid jail time. There are special programs for veterans and individuals struggling with substance use disorders that allow them to seek treatment and avoid the most severe penalties.

Additionally, New Jersey has a Pretrial Intervention (PTI) program geared toward first-time offenders that can result in the charges being dismissed. A similar conditional discharge program allows the dismissal of disorderly persons charges upon completion.

In some first-time drug cases, offenders may also complete a drug court program. Also called recovery court, this option involves a treatment program and additional requirements.

If you meet the eligibility requirements, your drug crime attorney can help you pursue one of these programs instead of serving a jail sentence in your drug case.

Why Should I Hire a Defense Attorney for My First Drug Offense?

Being charged with a drug crime is a serious matter. You face penalties that can have long-term consequences for your family and your livelihood – and the potential repercussions extend beyond any fines or prison time you may be required to serve. A New Jersey drug crimes defense lawyer can help you understand the charges you face and work with you to pursue the most favorable outcome possible.

Your drug defense lawyer will review the evidence, negotiate with the prosecutor, and pursue dropped or reduced charges. Your attorney will be there to support you throughout your legal process and advocate aggressively on your behalf.

Contact a New Jersey Drug Crimes Defense Lawyer

If you’re facing New Jersey drug charges, you need an attorney who will fight for your rights and pursue the best possible outcome for your case. The Law Office of Jason A. Volet has over 15 years of experience handling felony and misdemeanor cases, including drug cases, for accused individuals and provides attentive and personalized service to every client.

You deserve a New Jersey drug crimes defense attorney who will craft a strong case in your defense and work to safeguard your rights and your reputation. Contact the Law Office of Jason A. Volet today to get started with a free consultation.

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