Charged With Possession of CDS in Cranford New Jersey
A drug possession offense can arise in Cranford whenever someone is caught with a controlled dangerous substance (CDS) without a valid prescription. The consequences of a Cranford CDS possession charge can range from probation to many years in prison and is always supposed to result in a license suspension.
At The Law Offices of Jonathan F. Marshall, our attorneys are seasoned criminal litigators with over a century of combined experience. We are dedicated to defending people who have been charged with drug possession by analyzing the case and then making a determination as to which is the best possible course of action for defending the offense.
The lawyer at our firm will delve through all of the facts to determine whether your rights were violated and whether we are able to suppress the evidence and likely get the charges dismissed. To speak to an attorney about the circumstances under which you were arrested for possessing CDS, contact our office at 908-272-1700. A lawyer is available immediately to assist you in a free consultation.
The New Jersey Controlled Dangerous Substances Act
The New Jersey Controlled Dangerous Substances Act groups drugs into schedules based on their potential for abuse, addiction and their accepted medical uses. This classification system translates into a range of penalties predicated on the perceived danger of a drug. The headings that follow outline the content of these Schedules.
Schedule I drugs have no accepted medical use in the USA, are unsafe even under medical supervision, and hold a high potential for abuse. This includes drugs like Heroin, Ecstasy, LSD, MDMA, and even Marijuana.
Schedule II drugs are narcotics, stimulants, or others. They have a high potential for abuse, either high psychological or physical dependence, and contain opioids. This includes drugs such as, Morphine, Codeine, Oxycodone, Adderall, and Phenobarbital that may have some valid medical uses.
Schedule III drugs are either narcotics or non-narcotics that have less potential for abuse than Schedule I or II drugs, mild to moderate physical dependence, but high psychological dependence. These drugs typically have accepted medical uses and include things such as anabolic steroids, stimulants, and antidepressants.
Schedule IV drugs have a lower rate of abuse than Schedule I-III and limited potential for addiction. They include drugs that are sedative or sleeping agents such as Xanax, Valium, and Tramadol.
Schedule V drugs have a low potential for abuse, contain scant amounts of stimulants, and are typically used to treat coughs, diarrhea, or pain. Examples include Robitussin AC, Lomotin, Lyrica, and Tylenol.
Penalties for Drug Possession in Cranford, New Jersey
New Jersey statute N.J.S.A. 2C:35-10 makes it a crime to knowingly or purposely obtain or possess any CDS without a valid prescription and, in most cases, you will be charged with a felony. This means that if convicted, you will be facing serious consequences, including mandatory incarceration, stiff fines, a prison sentence, and a criminal record for felony drug possession. Under 2C:35-10, the penalties for drug possession are as follows:
Possession of a Schedule I – IV drug like heroin, cocaine, MDMA, LSD or methamphetamine, is a third degree crime, punishable by a maximum fine of $35,000 and 3-5 years in a state prison.
Possession of a Schedule V drug is a fourth degree crime, punishable by a maximum fine of $15,000 and up to 18 months in a state penitentiary.
Possession of more than 50 grams of marijuana or more than 5 grams of hashish is a fourth degree crime, punishable by a maximum fine of $25,000 and up to 18 months in a state penitentiary.
Possession of 5 or more dosage units of a prescription legend drug such as Xanax, Oxycodone, Hydrocodone or another medication is also a fourth degree crime that results in a fine of up to $10,000 and up to 18 months of imprisonment.
Possession of 50 grams or less of marijuana in Cranford or 5 grams of hashish is a disorderly persons offense (a misdemeanor) and punishable by a maximum fine of $1000, up to 6 months in jail, and loss of your driving license for 6-24 months. The same grading and penalties apply if you possessed 4 or less dosage units of a prescription legend drug.
A conviction for possession under any of these grades also results in a driver’s license suspension of 6-24 months. This is the case whether or not the drugs were possessed in a motor vehicle. At least 100 hours of community services must be served as well if the CDS possession occurs within 1,000 of school property (i.e. in a school zone).
If you have been charged with a disorderly persons offense for possession of CDS, your case will be heard in Cranford Municipal Court. If your charge is indictable in nature, meaning that it is a fourth degree or third degree crime, it must be sent to the Union County Superior Court in Elizabeth for resolution.
Cranford, NJ Drug Possession Defense Lawyers
If you have been charged with drug possession in Cranford, New Jersey, it is important to get the right lawyers on your side. You need a firm with the experience to get you the best possible result.
The Law Offices of Jonathan F. Marshall represents clients in Cranford CDS possession cases and has for literally decades. Whether you were arrested for possessing marijuana or more serious drugs like heroin, MDMA or cocaine, an attorney on our team has the skills to help you.
Our team of criminal attorneys are often able to get the charges downgraded or dismissed early by finding holes in the prosecution’s case against you, or by identifying valid defenses that you may have. We can also assist you in overcoming the stringent requirements for admission into the Pretrial Intervention Program.
To take advantage of a free consultation with a lawyer at the firm about the possession offense you are facing in Cranford New Jersey, contact us at 908-272-1700. We offer a confidential, no-cost, no-obligation consultation.
