Union NJ Cocaine Possession Defense Attorneys
There has definitely been a spike in cocaine possession in Union County so it does not come as a surprise to our defense attorneys that you may have been charged with this offense. What is pivotal for you to understand is that you are facing a third degree crime, a felony, which can land you in jail for years. Hiring an attorney who is adapt in defending cocaine offenses is the primary way you can protect yourself against a possession conviction. Marshall Bonus Proetta & Oliver is one of the largest criminal firms in the state and includes a team of eight lawyers, several of whom are former prosecutors. We have defended hundreds of possession of cocaine cases just like yours over the 100 plus years that our members have been in practice. If you were arrested and charged in Union, Elizabeth, Roselle Park, Plainfield, Clark or anther area town, we are prepared to defend you. Contact our Union Township Office at 908-272-1700 for an immediate free consultation.
Possession of Cocaine Offense in Union County
When possession of cocaine is for personal use rather than distribution, the law that applies is N.J.S.A. 2C:35-10. This statute provides that “[i]t is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance” without a valid prescription. Knowledge or purpose is clearly required under this language. What this means is that you must have been aware of the presence of the cocaine for possession to be knowing. Alternatively, you need to have a purpose to possess this Schedule II controlled dangerous substance, that is, a conscious object to obtain or have possession of cocaine.
Types of Possession Under 2C:35-10. As stated in the statute, possession can be actual or constructive. An individual has actual possession of cocaine when the drug is on their physical person. Constructive possession applies where an individual does not have direct possession but is aware of the presence of the cds and has both the ability and intention to exercise control over it. Constructive possession often arises under the scenario where drugs are concealed in a house, apartment, car or truck. Finally, cocaine possession can not only arise in Kenilworth, Rahway or elsewhere in NJ when you are the sole possessor but also when it is joint. If two or more individuals have actual or constructive possession at the same time, it is said to be joint. The classic scenario would be where two people bought cocaine to share.
Penalties. Possession of cocaine is a third degree crime in NJ. You are subject to a fine of as much as $75,000 and a state prison term of up to 5 years upon conviction for this offense. A plea or finding of guilt also results in a driver’s license suspension of at least 6 months and as much as 24 months.
Towns Which Our Cocaine Defense Attorneys Serve
Linden NJ Cocaine Possession Defense Lawyers
The City of Linden ranks third for indictable crime in Union County behind Elizabeth and Union Township. It naturally follows that this city has more than its share of cocaine possession charges. If cocaine was discovered as the result of a motor vehicle stop or a search of your house or apartment in Linden or another municipality, chances are you are facing a possession offense. Authority to resolve this charge rests with the Union County Superior Court in Elizabeth so that is the place where your case will be sent for disposition. This is the case whether the police encounter occurred in Cranford, Hillside, Springfield, Roselle or another location since jurisdiction to resolve a third degree crime rests at the Elizabeth courthouse. To discuss a cocaine possession offense with a skilled lawyer immediately, call us at 908-272-1700. Initial consultations with our attorneys are free of charge so do not hesitate to contact us for the assistance you deserve.