Possession of Cocaine in the Township of Springfield
Did the police catch you in possession of cocaine? Was cocaine found in a car that you were driving? You need to consult a competent attorney if you have been charged with cocaine possession in Springfield New Jersey or, even worse, distribution of cocaine. Do no expect any leniency when it comes to a cocaine offense as law enforcement has little tolerance for those who possess or sell this drug. A cocaine possession charge can lead to heavy fines, a criminal record, and even time in prison. That is why you need representation from a skilled attorney who can minimize the consequences of cocaine possession. Our firm is the Law Offices of Jonathan F. Marshall and we have a team of criminal lawyers who defend cocaine and other Springfield Drug Possession Charges. Collectively, our team of attorneys has over 100 years of experience representing clients charged with drug cases, including possession and distribution of cocaine. In fact, many on our defense staff are former county prosecutors. Accordingly, we know what the prosecutors are thinking in the cases against our clients. Call us today for a free initial consultation with a lawyer who possesses the know-how to help you. The number for our Union Township office is 908-272-1700 and lawyers are available 24/7 to assist you.
Springfield NJ Cocaine Charge
The New Jersey statute making possession of cocaine illegal can be found at N.J.S.A. 2C:35-10. Cocaine is a Schedule II narcotic, and therefore is considered a controlled dangerous substance (“CDS”) for purposes of the statute. “It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog” without a valid prescription. It naturally follows that it is illegal to possess cocaine in any amount in Springfield or anywhere else in New Jersey since there is no prescription that exits for this drug.
Elements of Cocaine Possession. Based on the above statute, in order to be convicted of cocaine possession the following elements must be proven:
- The substance in question is, in fact, cocaine;
- The accused had obtained cocaine or had cocaine in his possession; and
- The accused acted knowingly or purposely in possessing or obtaining the cocaine.
Actual and Constructive Possession. There are two types of possession recognized in the law, actual and constructive. A person is in actual possession of cocaine when he knows that the substance is cocaine, and knowingly has it on his person. Constructive possession means possession in which the possessor does not physically have the cocaine on his person, but is aware that the item is present and can exercise control over it either directly or through another person or persons.
Penalty for Possession of Cocaine. Possession of cocaine is a third-degree crime. As such, the penalty is 3 to 5 years imprisonment, and up to a $35,000 fine. The penalties are significantly worse for distribution of CDS in Springfield, including selling cocaine.
Possession of Cocaine in a School Zone. New Jersey law adds certain penalties for drug crimes that occur close to schools or school buses. Accordingly, if you are convicted of possessing cocaine in a school zone and the court has not ordered you to serve time in jail, then the court will order that you to serve at least 100 hours community service.
Pretrial Intervention. If you are a first time offender, you can apply to have a third degree crime for possession of cocaine diverted under the Pretrial Intervention Program. This relief allows you to avoid prosecution and a conviction under 2C:35-10 if you successfully complete a period of probation.
Springfield Cocaine Possession Lawyers
Cocaine possession cases are taken very seriously by the Springfield Police Department. If you are arrested for possessing cocaine or crack, you need to get the best lawyer available to defend you. The accomplished attorneys at our firm, the Law Offices of Jonathan F. Marshall have the experience to professionally and aggressively challenge the prosecution’s case against you. We understand all of the constitutional issues that frequently arise in connection with a cocaine case, and we will mount a powerful defense for you. To speak to an attorney immediately about the facts and circumstances surrounding your cocaine possession charge, contact our office at 908-272-1700. An initial consultation is no cost to you and our lawyers are available around the clock to speak to you.
