Drug Possession Lawyers in New Jersey
At the Law Office of Jason A. Volet, we understand that facing drug possession charges can be overwhelming and distressing.
This applies not only to possession on an individual’s person, but also within a vehicle, a home, or some other location for which the individual is held responsible.
There are many possible repercussions for a drug possession conviction, with varied levels of severity. These repercussions can impact an individual’s day-to-day life, future work and school opportunities, and even emotional health.
- 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 Penalties for Possession of Controlled Dangerous Substances (CDS)
- 8 Contact Us Today to Speak to Our Knowledgeable Drug Crimes Law Firm
There are more possible penalties than those listed aboved, but no matter the penalty, the life of an individual convicted of drug possession, or any other drug offense, will change.
Common types of drug possession charges in New Jersey:
As experienced drug crime 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.
If you find yourself accused of any drug-related crimes in New Jersey, it is important both for your freedom and your future that you seek skilled and experienced legal counsel with expertise in drug possession laws.
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.
Additional things you should consider:
Possession with Intent within 500 feet of a Public Park
Being caught within the 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 ft 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.
So, just to understand the difference between having parole ineligibility and not, on a normal three year sentence, you would be eligible for parole after about nine months. You’d be looking at about nine months additional because you possessed it with attempt to distribute within a school zone.
The certification recognizes an attorney has achieved a certain level of education, experience and skill in a particular area of law.
Mr. Volet focuses his practice exclusively on representing individuals charged with criminal offenses including drug crimes. He understands that not everyone charged with a drug crime is guilty as charged. He knows how to analyze the facts of a case and develop an effective defense strategy with our drug possession defense lawyers.
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 wend its way through the justice system.
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 on 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
The term does not refer to liquor, wine, beer, or other alcohol and tobacco products.
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
Schedule II substances, which have:
- 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
Schedule III substances, which have:
- 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
Schedule IV substances, which have:
- 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
Schedule V substances, which have:
- 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
Penalties for Possession of Controlled Dangerous Substances (CDS)
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
- 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.
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 Drug Crimes Law Firm
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 crimes 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, 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.
Between his former position as a New Jersey drug crimes prosecutor and his current work as a defense lawyer, Jason A. Volet has tackled more than 2,000 criminal defense cases over the course of his career. He is a fierce negotiator and a skilled litigator, and he is dedicated to representing the rights of clients in Freehold, 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.
Schedule a consultation with us immediately, online or by calling 732-491-8477, if you or a loved one has been charged with drug possession. Our office is located at 28 Court Street, Freehold, NJ 07728.