Charged With Possessing CDS in Clark Township
A controlled dangerous substance (“CDS”) cannot be possessed in Clark Township without a valid prescription. There are serious consequences someone someone fails to comply with this requirement and is in possession of a drug illegally. If you were arrested in Clark New Jersey for possessing marijuana, cocaine, heroin, MDMA or another CDS, it is extremely important that you consult a competent lawyer as soon as possible. Failure to mount a successful defense exposes you to penalties that include a mandatory license suspension and even incarceration. the attorneys at the Law Offices of Jonathan F. Marshall have the tools to ensure that this does not occur. Our team of former prosecutors and accomplished criminal lawyers have over 100 years in practice, including decades of appearances in Clark Municipal Court and at the county courthouse in Elizabeth. Call us at 908-272-1700 for a free consultation with an attorney immediately.
CDS Possession Charge in Clark New Jersey
Almost every CDS possession charge in Clark is a felony that ends up being forwarded to the Union County Superior Court that is located in Elizabeth. The only exception is possession of a four or fewer dosage units of a prescription legend drug or 50 grams or less of marijuana in Clark. These violations are a disorderly persons offense that fall under the jurisdiction of the Clark Township Municipal Court and expose an individual to up to a $1,000 fine, probation, drug counseling, community service, suspension of driving privileges and up to 6 months in the county jail.
It is a fourth degree or third degree crime to possess just about any other drug in violation of N.J.S.A. 2C:35-10, including cocaine, heroin, LSD, MDMA (e.g. Ecstasy or Molly) and methamphetamine. Possession of a prescription drug in Clark involving 5 or more dosage units (e.g. Xanax, Adderall or Oxycodone) is a fourth degree crime. The same is the case for possession of Schedule V CDS or over 50 grams of marijuana. The penalties that may be imposed at the Criminal Division for these indictable possession charges include:
- Third Degree Possession of CDS. A third degree crime for possessing CDS carries up to a $35,000 fine and 3-5 years in prison under 2C:35-10a(1).
- Fourth Degree Possession of CDS. A fourth degree crime for possession of drugs results in up to 18 months in state prison and a fine of up to $25,000 where the CDS is over 50 grams or marijuana, $15,000 where it is a Schedule V drug and $10,000 where other forms of CDS are involved.
- Mandatory License Suspension. Every conviction for drug possession in Clark or anywhere else in New Jersey also results in a license suspension of at least 6 months and as much as 24 months. This is the case whether a motor vehicle was involved in the arrest or not.
- Possession in a School Zone. There is community service that must be imposed when personal possession of drugs, as opposed to distribution of CDS in Clark, is in a school zone. The minimum amount of community service that must be performed is 100 hours.
Clark NJ Drug Possession Lawyer
Do not make the mistake of thinking that a drug possession offense is something that should be defended without an attorney. The ramifications of your failure to avoid a conviction can be significant as shown above. Attorneys with considerable experience in CDS charges can certainly provide a much greater probability of escaping the penalties set fourth under 2C:35-10 and 2C:35-10.5. The team of criminal lawyers at the Law Offices of Jonathan F. Marshall have over a century practicing in Clark Township and the rest of Union County. Call us now to speak to a Clark NJ drug possession lawyer with the skills to avert a plea or finding of guilt.
