New Providence NJ Drug Lawyer
Drug Possession in New Providence New Jersey
Routine traffic stops account for 42% of the encounters with police in New Providence New Jersey and about 3% of these traffic offices result in seizure of drugs like marijuana, cocaine, MDMA (e.g. Molly & Ecstasy), Xanax and other drugs. It is a serious matter to be charged with possession of a controlled dangerous substance (CDS) since extreme penalties are imposed against those convicted of violating N.J.S.A. 2C:35-10. The ramifications are even more severe if the drug/cds charge involves allegations of selling, distribution or possession with intent to distribute in violation of N.J.S.A. 2C:35-5 in New Providence. You clearly want to consult a skilled lawyer if you are facing a drug offense in New Providence NJ.
Lawyers at the Law Offices of Jonathan F. Marshall have more than a century of combined experience in criminal defense of drug possession and distribution charges in Union County, including those arising in New Providence. Whether you are facing a disorderly persons offense in New Providence Municipal Court or an indictable crime of the first, second or third degree at the Union County Superior Court, our attorneys have the know how required to provide comprehensive protection against a conviction. To speak to an attorney immediately, including one of our many former prosecutors, contact our Union Office at 908-272-1700 for a free consultation.
New Providence New Jersey Drug Possession & Distribution Charges
A New Providence CDS possession charge is graded according to the type and quantity of drug(s) involved. For example, it is a third degree crime (felony) to directly or constructively possess methamphetamine, heroin, cocaine, LSD, and MDMA for personal use in New Providence New Jersey or anywhere else in Union County. It is a fourth degree crime to possess over 50 grams of marijuana, five dosage units or more of a prescription legend drug, or a Schedule V CDS such as codeine. These types of offenses are indictable or felony criminal offense and fall under the jurisdiction of the Union County Superior Court, located in Elizabeth NJ. Possession of 4 or fewer dosage units of a prescription drug or 50 grams or less of marijuana are offenses that fall under the jurisdiction of the New Providence New Jersey Municipal Court as a disorderly persons offense.
A New Providence CDS possession charge has a wide range of potential consequences. You will have a criminal record for a drug offense and face penalties that include:
- Disorderly Persons Offense for possession of 50 grams or less of marijuana or 4 or fewer dosage units of a prescription drug carries up to 6 months in the county jail and a fine of up to $1,000.
- A third degree crime for personal possession of heroin, cocaine, LSD, MDMA, Ecstasy, Molly or methamphetamine results in 3 to 5 years in prison and a fine of up to $35,000.
- A fourth degree crime for possessing a Schedule V CDS, 5 or more dosage units of a prescription legend drug, or more than 50 grams of marijuana results in up to 18 months in prison and a fine that can reach $25,000 ($10,000 for prescription drugs and $15,000 for Schedule V).
Additional penalties to those mentioned above include driver’s license suspension for 6 to 24 months. This revocation is applied, whether a motor vehicle was involved in the original charge or not. If the conduct occurred on school property or within 1,000 feet of school property, 100 hours of community service will be required, unless jail time was served.
When possession of CDS is with intent to distribute or someone is caught selling/distributing drugs, the penalties escalate dramatically. The reason is because a separate criminal statute imposes severe penalties for those who engage in distribution of marijuana, cocaine, Xanax, Adderall or another drug in New Providence. N.J.S.A. 2C:35-5 exposes you to the following:
- It is a first degree crime punishable by 10-20 years in prison and a $500,000 fine to distribute 5 ounces or more of cocaine, heroin, MDMA, methamphetamine, 100 milligrams or more of LSD, or over 25 pounds of marijuana.
- It is a second degree crime with penalties that include 5-10 years in prison and a fine of up to $150,000 to possess with intent to distribute at least 5 pounds but less than 25 pounds of marijuana, less than 100 milligrams of LSD, at least one half ounce but less than 5 ounces of heroin, MDMA, methamphetamine or cocaine, or 100 dosage units or more of a prescription drug like Suboxone, Oxycodone, Hydrocodone or Vicodin.
- It is a third degree crime to engage in distribution of less than one-half ounce of methamphetamine, cocaine, MDMA or heroin, 5-99 dosage units of prescription drugs or at least one ounce but less than 5 pounds of marijuana. The penalties for third degree drug distribution include 3-5 years in prison and a fine of up to $75,000 ($200,000 for prescription drugs and $25,000 for marijuana).
You should also know that there are separate and additional charges with even stiffer penalties that apply when distribution of drugs/cds occurs in a school zone or public park zone.
If you have been charged with CDS drug possession in New Providence NJ and you are a first-time offender, two programs are available to you that can be utilized for the purpose of avoiding criminal prosecution for a drug possession offense. The Conditional Discharge program provides relief for first-time offenders facing prosecution for a disorderly persons offense involving drugs or drug paraphernalia in New Providence Municipal Court. The Pretrial Intervention program applies in the context of felony CDS possession charges. If strict guidelines for a year of probation are adhered to in either program, charges are dropped.
New Providence NJ CDS Distribution Attorney
Due to the harsh consequences of a CDS conviction, it is never recommended that a person face this type of criminal charge without representation of a skilled defense attorney. Among our staff at the Marshall Law Firm are savvy criminal lawyers who are former county prosecutors who have handled literally thousands of drug possession and intent to distribute cases over the course of decades. Call a lawyer at our firm for a free consultation if you were arrested and charged in New Providence with a marijuana, heroin, cocaine, LSD, prescription drug or another CDS offense. An attorney is available 24/7 at 908-272-1700.