New Jersey Cocaine Charges Attorney
It’s no secret that cocaine is considered a highly addictive and dangerous drug and a controlled dangerous substance. That’s why New Jersey cocaine laws concerning possession are especially harsh. Cocaine possession is one of the more severe drug charges in New Jersey. Contact the cocaine possession lawyers in New Jersey at The Law Office of Jason A. Volet today at (732) 751 4014 if you’ve been charged with cocaine possession.
Cocaine possession and distribution charges can lead to years in prison. Working with a defense lawyer who understands how prosecutors build these cases — and how to challenge them — is the key to seeking a fair outcome in your case.
Attorney Jason A. Volet has handled thousands of criminal cases, including as a former Assistant Prosecutor in Monmouth County. As a Certified Criminal Trial Attorney by the Supreme Court of New Jersey, he has the knowledge and experience to fight complex drug charges from every angle. He’s ready to help you protect your rights. Contact us today at The Law Office of Jason A. Volet for a free consultation to discuss your case and defense options.
Is Possession of Cocaine a Felony in New Jersey?
Cocaine possession is a felony drug offense in New Jersey, which is typically charged as a third-degree indictable offense (or “third-degree crime”). Even residue found in a bag or pipe can lead to felony charges. The more cocaine you allegedly possess, the higher the charges you face. A conviction for possession of cocaine can result in:
- Three to 20 years in state prison
- Fines of up to $500,000
- Mandatory driver’s license suspension for at least six months
- A permanent felony record.
The penalties increase sharply for possession if there is evidence of intent to distribute. Drug offenses near schools or public housing can trigger additional penalties, including mandatory prison terms that limit eligibility for parole. Because of the potential consequences of a cocaine possession offense conviction, you should seek help from an experienced New Jersey cocaine possession lawyer as soon as possible.
How Is Cocaine Classified in New Jersey?
Cocaine is a Schedule II controlled dangerous substance (CDS). It has a high potential for abuse and dependence and limited accepted medical use under strict supervision. Because of this classification, New Jersey law treats cocaine possession and intent to distribute cocaine more severely than many other drug offenses. The courts view it as a substance with no legitimate recreational purpose, so even first-time offenders can face significant penalties.
The higher the drug’s schedule, the less likely prosecutors are to reduce or downgrade your charges without a strong legal or factual reason. For this reason, it’s essential to have a cocaine charge defense lawyer who understands how to negotiate and defend your charges. The Law Office of Jason A. Volet knows how New Jersey classifies drug charges and how to fight them whenever possible.
What Diversion Programs Are Available in N.J. Cocaine Possession Cases?
Some defendants charged with cocaine possession may qualify for diversion programs that focus on rehabilitation instead of punishment. These programs are generally available to people facing their first indictable offense who meet specific eligibility requirements.
- Pre-trial intervention – The Pre-Trial Intervention Program (PTI) offers first-time offenders a chance to avoid a criminal conviction. Instead of going to trial, you enter a supervised program. The program may involve drug counseling, random testing, or community service. If you complete PTI, the court dismisses the charges. However, PTI admission is not automatic. Your lawyer must tell the prosecutor and judge why you deserve the opportunity.
- Conditional discharge – While cocaine charges are generally indictable and handled in Superior Court, conditional discharge may occasionally apply when your offense is downgraded or merged with related drug paraphernalia charges.
- Recovery court – This option provides intensive treatment and monitoring for people struggling with addiction. If you get to participate, you agree to frequent drug testing, counseling, and court appearances. Your successful completion could lead to expungement.
An experienced New Jersey criminal defense attorney from the Law Office of Jason A. Volet can evaluate which diversion program you qualify for and advocate for your admission, helping you preserve your record and future opportunities.
What Are Potential Defenses to N.J. Cocaine Possession Charges?
The right defense strategy depends on the facts of your case. Some of the most common defenses we use in cases involving the alleged possession or distribution of cocaine or other controlled dangerous substances in New Jersey include:
- Illegal search and seizure – The police must follow the Constitution when searching you or your property. A court must exclude evidence obtained in an unlawful stop, search, or seizure. If police lacked a valid warrant, probable cause, reasonable suspicion, consent, or another valid excuse, your attorney can file a motion to suppress the cocaine evidence.
- Substance misidentification – Lab testing errors can lead to false positives. A defense lawyer can request an independent chemical analysis to challenge whether the seized substance was actually cocaine. If there are issues with testing or documentation, it can raise a reasonable doubt.
- Lack of possession or knowledge – The prosecution must prove you knowingly possessed cocaine to convict you, which could be actual or constructive possession. Simply being near drugs is not enough. If the cocaine was found in a shared space or vehicle, your lawyer can argue you didn’t know it was there and didn’t have control of it.
- Chain of custody issues – Every piece of evidence must be tracked and documented from when it’s seized until a party offers it in court. Breaks in the chain of custody, like missing signatures or inconsistent labeling, can make evidence inadmissible.
- Entrapment – If law enforcement encouraged you to commit a crime you wouldn’t have otherwise committed, that could be entrapment. This defense sometimes happens in undercover operations where officers overstep legal boundaries.
Each of these defenses requires careful investigation and strong courtroom skills. A seasoned cocaine defense attorney from the Law Office of Jason A. Volet can analyze every element of the prosecution’s case and develop a customized strategy to protect your rights and record.
Can I Get a Cocaine-Related Conviction Expunged or Sealed in New Jersey?
Expungement gives people a second chance, but the eligibility rules are strict. Generally, in New Jersey, you must wait five years after your conviction, pay all fines and fees, and not pick up any new charges. If you receive an expungement, it will allow you to move forward with a clean record.
However, distribution offenses are more complicated. Expungement may not be available for first- or second-degree cocaine distribution convictions, though our firm can evaluate whether your case qualifies based on your circumstances. Even if a full expungement isn’t possible, we can explore record-clearing alternatives or look for other opportunities to move past your cocaine-related conviction.
Contact an Experienced New Jersey Cocaine Defense Attorney Today
If you’ve been charged with cocaine possession, distribution, or intent to distribute, you need a defense that addresses every angle. Jason A. Volet has decades of experience handling all types of felonies and misdemeanors, including drug crimes across Monmouth, Ocean, and surrounding counties. He understands how to challenge the state’s evidence and protect your rights in court.
Call the Law Office of Jason A. Volet today to receive a free consultation and speak with a New Jersey cocaine charge defense lawyer about your case.
Our New Jersey Cocaine Defense Law Firm Can Help You
They could spend years locked up in prison or be forced to pay hundreds of thousands of dollars in fines. Even after they’ve “paid their debt,” those convicted for the possession of cocaine continue to be punished by society as they struggle to find jobs and make new connections. Our New Jersey cocaine possession lawyers can help.
If you or someone you love is facing possession charges in New Jersey, you do not have time to waste. Contact our New Jersey cocaine possession lawyers today. Every day, the prosecution is working to build its case against you, and you need a dedicated attorney who is working harder to build your defense.
The experienced and loyal legal team of cocaine possession attorneys at The Law Office of Jason A. Volet is ready to get to work immediately on your case.
Jason A. Volet is a former New Jersey drug crimes prosecutor who will bring the insight of an insider to your case. He knows what to expect, and he will use every tool at his disposal to put up an aggressive defense. At times like these, when the threat of prison is looming and panic has set in, it can be easy for an attorney to promise big things for a small fee.
But the truth is, you have an uphill battle ahead of you, and you need a heavyweight fighter with plenty of cases under his belt to step in the ring for you. Contact New Jersey cocaine possession defense lawyer Jason A. Volet today to schedule a consultation and get started on your case.
What Are New Jersey’s Cocaine Possession Laws?
In New Jersey, cocaine is labeled a schedule II drug, which puts it in the same category as methamphetamine. If you are found to be in possession of cocaine, a law enforcement officer (police officer) has probable cause and will perform a thorough search.
- Cocaine possession – A person caught with a very small amount of cocaine could face 3 to 5 years in jail and $35,000 in monetary fines.
- Possession with intent to distribute – Penalties for a person deemed to be selling cocaine can range from fines of $75,000 to $300,000, with serious prison sentences to match.
- Cocaine trafficking – Those charged as leading a cocaine trafficking ring face a 25-year minimum prison sentence and $500,000 in fines.
- Special circumstances – For those found with cocaine within 1,000 feet of a school, penalties are severely increased. In addition, people accused of selling cocaine to minors or pregnant women also face harsher penalties.
A cocaine conviction can drastically affect your life and cast a shadow over your family for a long time to come, so it’s important to seek the help of a qualified New Jersey cocaine possession charges attorney as soon as possible to start building your defense.
An experienced lawyer will go over your legal options and contact the prosecutor immediately to work on getting the charges or penalties reduced or dropped. It’s important that you do not hesitate to take action, though, as soon as you find out that you may be facing possession charges. The quicker that an attorney can intervene, the better off you are.
What Should I Expect When Charged With Possession of Cocaine in New Jersey?
When you or a loved one is facing illegal possession of cocaine charge, the stress of a looming trial can eat away at you and weigh on your entire family. It is important to have a basic understanding of how the New Jersey criminal court system works so you and your loved ones know what to expect.
There are many steps leading up to the possession of cocaine trial, which means there are also many opportunities for a skilled drug defense lawyer to negotiate a resolution for your case before it goes to a jury. It is crucial to hire an attorney early in the process so you can start building your defense as soon as possible.
Before the first appearance and bail:
As soon as you or a loved one is arrested or receives a notice to appear in court in a possession of cocaine case, discuss what’s happening with a trusted New Jersey criminal defense lawyer. It is important that you have an experienced drug possession attorney to represent you at your first appearance because this is when bail will be set.
A skilled New Jersey possession lawyer can make an argument for the lowest possible bail. Depending on the circumstances, the attorney may be able to get you released on your own recognizance.
Substance abuse evaluation:
You can expect those substance abuse evaluators will test you for cocaine and other illegal controlled substances, as well as review your history of cocaine use. The judge will use this evaluation to decide whether you may be a candidate for a drug treatment program.
Negotiating before the trial:
A seasoned cocaine possession charges law firm in New Jersey can work aggressively behind the scenes to prevent your case from going to trial. This includes discussing the option of downgrading or dismissing the case with the prosecutor, or working out a plea deal to significantly reduce the charges or the penalties.
An experienced New Jersey defense lawyer may also explore the option of pre-trial intervention (PTI) to see whether you can completely avoid formal prosecution. If you are already facing an indictment, there are still moves that an assertive defense lawyer can make to try to resolve your case ahead of a trial. You should know that in New Jersey, 70 percent of cases are resolved without going to trial.
If you go to trial:
When your best option is to go before a jury of your peers, having a loyal and highly skilled New Jersey cocaine possession law office on your side can make all the difference. Not all lawyers have a lot of experience in the courtroom, and success comes only with experience. A seasoned trial attorney can make sure you are prepared for your day in court and will share insights on how juries operate.
A forward-thinking cocaine defense attorney will also keep in mind issues that come up in trial that may be useful if you are forced to appeal. The experienced cocaine defense team at The Law Office of Jason A. Volet aims to quash your possession of cocaine case as soon as possible so you and your family can potentially avoid the stress and uncertainty of a trial. However, if going to court is your best option, we will put up a powerful defense before a jury.
Contact Our New Jersey Cocaine Possession Lawyers Today
The punishment for a possession conviction goes beyond the sentence that is handed down in court. Your criminal record will follow you around for the rest of your life as you search for jobs and try to rebuild your reputation.
Hiring the right cocaine possession attorney in New Jersey is an investment that could save you much more than money in the future. Don’t wait to get started on your defense.
Schedule a consultation with The Law Office of Jason A. Volet, today. 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 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.
He can help you fight your drug possession charges and get your life back on track.
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