Serving the Elizabeth NJ Superior Court & All Municipal Courts in Union County

Union County NJ Criminal Defense Lawyers

Over 200 Years Combined Experience

Former County & Municipal Prosecutors

Elizabeth NJ Drug Possession Lawyer

Charged With Possession of CDS in Elizabeth

If you have been charged with drug possession in Elizabeth, New Jersey, whether it be marijuana, prescription drugs, methamphetamine, cocaine, or any other controlled dangerous substance (“CDS”), you have a very serious problem.

A conviction for possession of CDS can be devastating, especially for those who work or want to work in government, an occupation that requires a license or in many other facets, for example, maintaining immigration status. All of this is on top of the penalties that are triggered under the New Jersey Drug Possession Law including fines, license suspension and the real possibility of imprisonment. 

A lawyer at the Law Offices of Jonathan F. Marshall is equipped to develop an effective defense strategy so that your rights, freedom, and future are protected. We are ex-prosecutors and other highly knowledgeable defense attorneys who have been appearing in Elizabeth Municipal Court and at the Union Superior Court for decades. An attorney on our staff is available to assist you at 908-272-1700.

Drug Possession Offense in Elizabeth New Jersey

The United States Controlled Substances Act classifies drugs in terms of propensity of addiction and abuse by schedule. New Jersey has adopted the same system for classifying CDS in this state. The following is a breakdown of the some of the more important aspects of the classification system:

Under N.J.S.A, 2C:35-10, it is illegal to knowingly or purposely obtain or possess a CDS without a valid prescription, actually or constructively. Actual possession means that the substance in question was found on your person and in your physical custody such as, for example, in your hand, pocket or purse. Constructive possession essentially means that the substance in question was not in your custody but you had the ability and intention of exercising control over it in the future.  A common scenario for constructive possession is drugs hidden in a motor vehicle or residence which the accused does not have custody over but which he/she intends to possess in the future.

Most drug charges in New Jersey are felonies, which mean that if you are convicted, you will be facing stiff fines, a prison sentence, and a criminal record for felony drug possession. The only exception is possession of 50 grams or less of marijuana in Elizabeth or possessing four or fewer doses of a prescription legend drug which are both disorderly persons offenses falling under the authority of the Elizabeth Municipal Court. All other cases involving CDS possession are indictable and may only be handled at the Union County Courthouse which is also located in Elizabeth New Jersey.

The penalties for drug possession as set forth under 2C:35-10 are as follows:

Elizabeth NJ Drug Possession Defense Attorney

At the Law Offices of Jonathan F. Marshall, our lawyers not only understand the fundamentals and mechanics of the New Jersey criminal justice system, but we also understand the importance of being articulate advocates. Advocates who will work hard on your behalf to preserve your rights and to convince others of your innocence. What’s more, we believe that every client who hires a defense attorney on our team deserves the opportunity to have his or her case fully challenged so that the very best outcome is achieved.

The sooner you contact us, the sooner a lawyer can begin to work on our Elizabeth drug possession case. This can insure that your rights are not prejudiced and that you have the optimum chance of dismissing charges, securing a downgrade, or gaining admission into Pretrial Intervention or Conditional Discharge. The choice is yours. 

If you been charged with drug possession in Elizabeth, New Jersey, don’t delay. Call and speak with one our Drug Possession Defense Lawyers ​at 908-227-1700.