Charged With CDS Possession in Berkeley Heights New Jersey
Berkeley Heights certainly does not have the highest volume of criminal charges but drug possession definitely arises in the municipality. While an offense for possession of marijuana unquestionably arises most often in this context, individuals are also arrested for possessing heroin, cocaine, MDMA (a.k.a. Molly, Ecstasy, etc.) and other CDS by the Berkeley Heights Police Department. Irrespective of the type of drug you possessed for personal use (as opposed to distribution), it is essential that you obtain representation from an attorney who is skilled in the defense of CDS charges. Here at the Law Offices of Jonathan F. Marshall, we provide this level of representation with eight lawyers who make up one of the state’s largest criminal defense teams. Our attorneys also possess over 100 years of combined experience, including significant time serving as prosecutors at both the municipal and county level. For a free consultation with a lawyer immediately, call us at 908-272-1700.
Drug Possession Offense in Berkeley Heights
A drug possession offense in Berkeley Heights can come in many forms and grades in terms of severity. In accordance with N.J.S.A. 2C:35-10, it is illegal to possess a controlled dangerous substance, actually or constructively, without a valid prescription. A violation of this law can result in a disorderly persons offense, fourth degree crime or third degree crime depending on the type and quantity of the drug involved. The headings below outline some of the more important aspects of this statute.
- Third Degree Crime. It is a third degree crime punishable by up to 5 years in prison and up to a $35,000 fine to possess a Schedule I, II, III or IV drug (e.g. cocaine, heroin, MDMA, methamphetamine, LSD and other CDS).
- Fourth Degree Crime. Possession of a CDS found on Schedule V is a fourth degree crime resulting in maximum penalties that include a $15,000 fine and up to 18 months in prison. The same penalties apply for possessing five or more dosage units of a prescription legend drug. The potential fine is enhanced to $25,000 if you possess over 50 grams of marijuana.
- Disorderly Persons Offense. Possession of 50 grams or less of marijuana in Berkeley Heights is a disorderly persons offense that carries a fine of up to $1,000 and a county jail of up to 6 months. It is also a disorderly persons offense with the same penalties to possess four or less dosage units of a prescription legend drug.
If you are convicted of a disorderly person offense in Berkeley Heights Municipal Court or an indictable drug possession charge at the Union County Superior Court, you are subject to a mandatory suspension of your driver’s license of 6-24 months. In addition, at least 100 hours of community service must be performed if possession is within 1,000 feet of a school property.
Berkeley Heights CDS Possession Attorney
CDS possession can result in serious penalties in Berkeley Heights so it is crucial that you do your best to avoid a conviction. Enlisting an attorney with knowledge and skill in this area of criminal defense can prove to be instrumental in securing the result you need. This is how the team of lawyers at the Law Offices of Jonathan F. Marshall can effective serve you. We will sift through all of the facts and challenge the prosecutor, including contesting the validity of the motor vehicle stop, automobile search or entry into your residence. For a free consultation with a lawyer at the firm, call 908-272-1700.
