Charged With Possession of Marijuana, Cocaine, Heroin, MDMA (Ecstasy or Molly), Prescription Drugs or Other CDS in Garwood New Jersey
Possession of a controlled dangerous substance (CDS) like marijuana, heroin, cocaine, LSD and MDMA is illegal in Garwood New Jersey and everywhere else in the state. The same is true for possession of Xanax, Vicodin, Oxycodone, Hydrocodone and other medications without a valid prescription. Penalties are harsh for anyone convicted of CDS possession in Garwood. If you have been charged with possessing drugs in Garwood, contacting an experienced lawyer is the best way to protect your rights and possibly avoid conviction. The lawyers at the Law Offices of Jonathan F. Marshall focus solely on criminal defense, and they have a century of combined experience in practice at the Union County Superior Court and in Garwood Municipal Court. Some of our attorneys are also former prosecutors and all are seasoned criminal defense litigators. An accomplished criminal attorney is available by phone 24/7 at 908-272-1700.
Garwood NJ Drug Possession Offense
There are five schedules in New Jersey law which classify CDS in terms of risk of addiction; they are found in N.J.S.A. 24:21-5 through 24:21-8.1.
- Heroin, marijuana, LSD, and MDMA (for example, Molly and Ecstasy) are Schedule I drugs. They have no approved medical uses and a high potential for abuse.
- Cocaine and opiates such as Morphine, Fentanyl, Hydrocodone, methamphetamines, and Oxycodone are Schedule II drugs.
- The most common Schedule III drug is anabolic steroids.
- Diazepam and other similar substances are Schedule IV drugs.
- Codeine is a Schedule V substance.
- “Designer drugs” are substance analogs such as Spice and K2. They are chemical compounds created to mimic the effects of marijuana. It is a crime to possess these controlled dangerous substances in Garwood NJ.
- Vicodin and Percocet are prescribed by physicians on a routine basis for the purpose of controlling pain, but they are also Schedule II substances. Taking these drugs when they have not been prescribed for you is against the law, and you could be charged with drug possession.
Under N.J.S.A. 2C:35-10, if convicted of possession of CDS, you can be charged with a third degree crime, fourth degree offense, or disorderly persons offense. The possible penalties associated with the various drug charges follow:
- It is a third degree crime possession a Schedule I, II, III or IV CDS such as heroin, cocaine, methamphetamine, MDMA and other drugs. A third degree crime for possession of CDS results in up 5 years in prison and a fine of up to $35,000.
- It is a fourth degree crime to possess a Schedule V CDS, over 50 grams of marijuana or 5 or more dosage units of a prescription legend drug such as Suboxone, Adderall, Morphine or Xanax. The period of potential incarceration for fourth degree possession of drugs is 18 months. The fines vary with $10,000 for prescription drug, $15,000 for a Schedule V substance $25,000 for marijuana.
- It is a disorderly persons offense to possess 50 grams or less of marijuana or four or fewer dosage units of a prescription drug. Someone convicted of a disorderly persons offense for possessing drugs/CDS faces a fine of up to $1,000 and 6 months in the Union County Jail.
All drug possession charges in Garwood NJ result in mandatory driver’s license suspension for anywhere from 6 months to 2 years. License suspension can often be waived by the court, if your attorney can demonstrate that it would cause significant hardship.
If a person is convicted of CDS possession on or within 1,000 feet of school property, at least 100 hours of community service is required, if he or she was not sentenced to imprisonment.
First-time offenders may be able to avoid prosecution for any type of drug charge by entering into and successfully completing Conditional Discharge or Pre-Trial Intervention. An attorney with the Law Offices of Jonathan F. Marshall can assist you with gaining access to either program. They both make it possible to avoid prosecution, a criminal record, and the penalties associated with the offense.
Garwood CDS Possession Defense Attorney
At the Law Offices of Jonathan F. Marshall, our lawyers have the experience needed to provide top legal representation for drug possession cases in Garwood Municipal Court and Union County Courthouse. There can be significant consequences to having a CDS possession conviction so hiring the best defense attorney you can find is extremely important. If you are facing charges for drug possession, the attorneys at our firm have what you need to secure a favorable outcome. We have a skilled lawyer available for a free consultation 24/7. Call us now at 908-272-1700.
