Arrested for Possession of CDS in Linden New Jersey
Linden is one of the busiest municipalities in Union County when it comes to possession of CDS. The largest number of drug possession charges relate to marijuana. There are also many individuals charged with possessing cocaine, heroin and MDMA (a.k.a. Ecstasy Molly, etc.). If you were arrested because you possessed drugs in the City of Linden, it would be wise to consult a qualified defense lawyer as soon as possible. Just about any CDS results in a felony criminal record and serious penalties if it is possessed without a valid prescription. The best thing someone can do to fortify against a conviction is to retain an attorney who is highly accomplished in defending Linden drug possession charges. The attorneys at the Law Offices of Jonathan F. Marshall have over a century practicing at the Union County Superior Court and in Linden Municipal Court. Several criminal lawyers on our staff are also former prosecutors who bring a unique perspective to the defense of drug and CDS offenses in Linden. To speak to lawyer on our staff anytime 24/7 for a free consultation, contact our Union Office at 908-272-1700.
Drug Possession Offense in the City of Linden
Almost all CDS possession offenses in the City of Linden are filed in accordance with N.J.S.A. 2C:35-10. This statute makes it illegal to knowingly possess drugs, either actually or constructively, without a valid prescription. Actual possession means that you had physical custody of the CDS. You constructively possess a drug if you lack direct custody but know where it is and have the ability and intent to exercise control over it in the future. The consequences of a conviction under 2C:35-10 hinge on the type and quantity of CDS involved, including:
- Marijuana
- Cocaine
- Heroin
- MDMA
- LSD
- Methamphetamine
- GHB
- Prescription Legend Drugs (e.g. Xanax, Oxycodone, Hydrocodone, etc.).
Possession of 50 grams or less of marijuana is a disorderly persons offense that results in up to 6 months in jail and a fine of up to $1,000. A conviction for possessing over 50 grams of marijuana in Linden is a fourth degree crime that results in up to a $25,000 fine and 18 months in prison. It is a third degree crime for someone to possess any quantity of cocaine, MDMA, LSD, methamphetamine or heroin. The penalties for a third degree possession pursuant to 2C:35-10a(1) include up to 5 years in prison and a fine that can reach $35,000. Possession of four or fewer dosage units for a prescription legend drugs is a disorderly persons offense that carries the same previously identified penalties as possession of 50 grams or less of marijuana. Possessing five or more dosage units of a prescription drug carries up to 18 months in prison.
Whenever drug possession occurs in a school zone (i.e. property within 1,000 feet of a school), a finding of guilt also results in a minimum of 100 hours of community service. There is always a mandatory driver’s license suspension of 6-24 months that must be imposed at the time of sentencing for possession of drugs in violation of 2C:35-10.
Two programs exist that allow a first time offender to avoid prosecution for possession of CDS. Conditional discharge applies when someone is charged with a disorderly persons offense for possession. The other program is Pretrial Intervention and it can be utilized when the the offense is indictable (i.e. crime of the third degree or fourth degree).
Linden CDS Possession Attorney
An arrest for some form of CDS possession is fairly common in Linden New Jersey despite the severity of the penalties that result if you are convicted. An attorney at the Law Offices of Jonathan F. Marshall can help you insure that you have every chance to escape an unfavorable outcome. The lawyers at the firm have been helping individuals escape the consequences of 2C:35-10 for decades in Union County and are prepared to do the same for you. You are invited to call us at 908-272-1700 to take advantage with one of our attorneys immediately. A lawyer is ready to assist you now.
