CDS Possession in Plainfield New Jersey
Traffic stops in Plainfield New Jersey and other communities account for more than 42 percent of the contacts between police and civilians according to the Federal Bureau of Justice. The related reports also indicate that 3 percent of these motor vehicle encounters result in a search and seizure of drugs found in the related car, truck or possessed on the person of its occupants. The Plainfield Police frequently use suspicion of a traffic violation as the springboard for controlled dangerous substance (“CDS”) arrest. A resulting drug possession charge in Plainfield NJ is a serious matter and our lawyers assume you recognize this fact given that you have landed on this page.
New Jersey drug possession laws are tough and include harsh penalties for those charged and convicted. CDS can lead to your arrest if you are caught with them in your possession in Plainfield NJ. Depending upon the quantity and type of drug in your possession at the time of your arrest, the severity of the charges and the penalties associated with them can increase.
Protecting your rights and giving yourself the best chance of avoiding a conviction is by retaining the services of a skilled Plainfield NJ drug possession attorney. The attorneys at the Law Offices of Jonathan F. Marshall at limit their practice to criminal defense and have more than 100 years of combined years in practice in Plainfield Municipal Court and at the Union County Superior Court. Every lawyer at the firm is a seasoned litigator and some of them have served as prosecutors. An attorney from our office is available 24 hours a day and seven days a week if you call 908-272-1700.
Plainfield NJ Drug Possession Offense
N.J.S.A. 24:21-5 through 24:21-8.1 sets forth five schedules (i.e. Schedule I through V) which classify CDS in terms of risk of addiction. Schedule I is reserved for drugs with a high potential for abuse and no accepted medical uses. Heroin, MDMA (i.e. Ecstasy & Molly), marijuana and LSD. Schedule II includes cocaine, opiate medications like Oxycodone, Hydrocodone, Morphine, Fentanyl and methamphetamine. Anabolic steroids are the most common Schedule III drug. Schedule IV contains Diazepam and similar substances. Schedule V includes Codeine.
Some drugs, such as Percocet and Vicodin, are routinely prescribed by doctors for the control of pain, but they are Schedule II controlled dangerous substances. This classification means you can possess and use them while under the care of your doctor, but you could be charged with drug possession in violation of N.J.S.A. 2C:35-10 if they were not prescribed for you.
It is also a crime to possess a substance analog. Substance analogs are so-called “designer drugs,” such as “K2” and “Spice.” Analogs are chemical compounds created to mimic the effects of another drug. K2 and Spice are chemical compounds designed to mimic the effects of marijuana. The lists of controlled dangerous substances are constantly changing as new compounds or substance analogs are created.
Penalties for Possessing CDS in the City of Plainfield
Penalties are determined by the type of controlled dangerous substance and quantity you are charged with possessing. For example, a conviction for possession of a Schedules I through IV controlled dangerous substance like heroin, cocaine, MDMA, methamphetamine and LSD is a crime of the third degree. It would be classified as a felony in states other than New Jersey. Penalties may include up to five years in prison, fines up to $35,000 and suspension of your license to drive for 6-24 months.
Schedule V substances, such as morphine and codeine, have a low potential for abuse and have accepted medical uses. Possession of Schedule V controlled dangerous substances is an indictable offense of the fourth degree for which you could be sentenced to serve 18 months in prison, pay a fine up to $15,000 and lose your driving privileges for up to 24 months. Possessing more than 50 grams of marijuana is also a fourth degree crime except that the fine is increased to $25,000.
Possession of 50 grams or less of marijuana is a disorderly persons offense that, unlike a third degree or fourth degree crime which can only be dealt with in Elizabeth at the Union County Superior Court, falls under the jurisdiction of the Plainfield Municipal Court. For more information on this subject, refer to our possession of 50 grams or less of marijuana page.
Plainfield CDS Possession Defense Lawyer
The evidence prosecutors rely upon to support Plainfield NJ drug possession charges is usually obtained through a search and seizure conducted by police or other law enforcement agency. It is common for police to cut corners or bend the rules in order to obtain evidence to support an arrest. The lawyers at the Law Offices of Jonathan F. Marshall spend considerable time reviewing the facts and circumstances of your case and challenge the use of evidence, including statements you might have made to the police, if they were obtained in violation of your rights under the U.S. Constitution and New Jersey law. Find out what a skilled criminal defense lawyer on our team has to say about your case by contacting us today at (908) 272-1700 to schedule a free initial consultation. An attorney is ready to assist you immediately. Call us for the sound guidance from one of our attorneys you deserve.
