Kenilworth Drug Possession Attorney
Arrested for Possessing CDS in Kenilworth New Jersey
A relatively common criminal offense in Kenilworth is drug possession. This charge can come in many forms and grades in Kenilworth depending on the type and quantity of the controlled dangerous substance (“CDS”). Hard street drugs like cocaine, heroin, MDMA (e.g. Ecstasy & Molly), methamphetamine and LSD are treated most severely. Nonetheless, a conviction for possessing any type of drug in Kenilworth results in a criminal record and the possibility of incarceration. This is good reason for you to take the time to contact an attorney at our firm immediately. We are former prosecutors and a team of accomplished criminal lawyers who have been serving Union County for over a century. If you were arrested in Kenilworth because you allegedly possessed CDS, a lawyer at the Law Offices of Jonathan F. Marshall has the credentials to ensure your interests are fully protected. Call 908-272-1700 for a free consultation with one of our attorneys immediately.
Kenilworth CDS Possession Charge
A Kenilworth CDS possession charge can arise in many contexts. The most common variety is possession of marijuana in Kenliworth although there is no limit on the type of drugs that can result in an arrest in accordance with N.J.S.A. 2C:35-10. When the charge involves a crime of the third degree or fourth degree, the offense must be directed to the Union County Superior Court in Elizabeth. The only possession charges that do not take this course are those involving less than 50 grams of marijuana and four or less dosage units of a prescription legend drug. The attorneys on our criminal staff defend all Kenilworth CDS and drug possession charges including those involving:
The grading of an offense for possessing CDS depends on the type and quantity of drugs involved. In this regard, it is a third degree crime to directly or constructively possess cocaine, methamphetamine, heroin, MDMA and LSD for personal use in Kenilworth or any other location in Union County. It is a fourth degree crime to possess a Schedule V CDS, over 50 grams of marijuana and five dosage units or more of a prescription legend drug. A third or fourth degree crime is an indictable criminal offense (e.g. felony) that falls under the jurisdiction of the Union County Superior Court which is located in Elizabeth. Possession of 50 grams or less of marijuana or possession of 4 or fewer dosage units of a prescription drug is a disorderly persons offense that falls under the authority of the Kenilworth Municipal Court. The headings below outline the penalties for each of these grades of possession charge.
- Third Degree Possession Offense. A third degree crime for possession of CDS in Kenilworth results in a fine of up to $35,000 and 3-5 years in prison.
- Fourth Degree Possession Offense. The penalties for a fourth degree crime of possessing drugs in Kenilworth results in up to 18 months in prison and a maximum fine of $15,000 for charges under 2C:35-10a(2) (i.e. Schedule V drug), up to $25,000 under 2C:35-10a(3) (e.g. possession of more than 50 grams of marijuana) and up to $10,000 under 2C:35-10.5e(2)(e.g. possession of five or more dosage units of a prescription legend drug).
- Disorderly Persons Offense For Possession. A disorderly persons offense for possession of CDS in Kenilworth carries a fine of up to $1,000 and up to 6 months in the county jail.
In addition to the penalties set forth above, an individual convicted of possession is subject to a driver’s license suspension of 6-24 months. This revocation applies whether or not a motor vehicle was involved in the original charge. There is also an obligation to perform at least 100 hours of community service if the conduct occurred in a school zone (i.e. within 1,000 feet of school property).
Two programs can be utilized to avoid prosecution for a Kenilworth drug possession offense. Both are limited to first time offenders and have strict guidelines. Pretrial Intervention applies in the context of indictable CDS cases and Conditional Discharge is the relief for a disorderly persons offense involving drugs or drug paraphernalia in Kenilworth Municipal Court.
Kenilworth CDS Possession Defense Lawyer
The consequences for possession of CDS are severe so it is never wise to proceed with this type of charge without a skilled defense lawyer at your side. Here at the Marshall Law Firm, our staff includes savvy criminal attorneys that have handled thousands of drug cases over the last several decades. If you were arrested and charged in Kenilworth because you allegedly possessed marijuana, cocaine, heroin or another drug, call an attorney at our firm now. The lawyers at the firm are available 24/7 by calling 908-272-1700. An attorney is ready to undertake a thorough review of your case and devise a plan that will provide you with the best opportunity for a favorable outcome.