Charged With Possession of CDS in Rahway New Jersey
A drug possession offense is a serious matter in the City of Rahway and everywhere else in the state. N.J.S.A. 2C:35-10 triggers penalties that can be life changing irrespective of the form of controlled dangerous substance (“CDS”) involved. This is why it is so important to have representation from a skilled lawyer if you have been charged with a fourth degree crime, third degree crime of disorderly persons offense for possession of CDS in Rahway. This is especially true where hard street drugs are involved like heroin, cocaine, marijuana, LSD, MDMA or opiate pain medication. And even marijuana possession in Rahway can result in a jail sentence and other significant consequences. An attorney at the Law Offices of Jonathan F. Marshall is equipped to insure that you avoid negative ramifications under 2C:35-10. We have, in fact, over a century of combined experience, including time serving as prosecutors. Lawyers are available immediately at 908-272-1700 to go over the particulars of the Rahway charge you are facing. Calls us anytime 24/7 to speak to speak to one of our attorneys.
CDS Possession Offense in the City of Rahway
The majority of CDS possession offenses in Rahway arise out of N.J.S.A. 2C:35-10. Under subsection a(1), it is a third degree crime to possess a Schedule I, II, III or IV drug without a valid prescription. The most common drugs falling within these schedules include heroin, MDMA, cocaine, LSD, methamphetamine and many prescription legend drugs. The penalties for such a violation include a fine of up to $35,000 and up to 5 years in state prison.
Under 2C:35-10a(2), possession of a Schedule V CDS in Rahway is a fourth degree crime punishable by a fine of up to $15,000 and up to 18 months in prison. It is also a fourth degree crime under 2C:35-10a(3) to possess over 50 grams of marijuana except that the maximum fine is $25,000.
Possession of 50 grams or less of marijuana or less than 5 grams of hashish is a disorderly persons offense under 2C:35-10a(4). The penalties that may be imposed in Rahway Municipal Court for this charge include a fine of up to $1,000 and up to 6 months in jail.
Every variety of Rahway drug possession previously set forth also carries a mandatory driver’s license suspension of 6-24 months. In addition, at least 100 hours of community service performed if possession occurs within 1,000 feet of school property in Rahway.
A felony CDS possession charge, that is, one that is a crime of the third degree or fourth degree, can be avoided by gaining admission into the Pretrial Intervention Program. A similar program known as Conditional Discharge applies to a disorderly persons offense for possession of 50 grams or less of marijuana.
Rahway Drug Possession Defense Attorney
No one should have a record for drug possession that can effect their ability to secure a job or expose them to scary penalties if they do not have to. A defense attorney at the Law Offices of Jonathan F. Marshall will fully explore everything surrounding your arrest to determine your best options in overcoming allegations that you possessed heroin, prescription drugs, MDMA or another substance in Rahway. Perhaps we can challenge the search and seizure of your car or residence based on a lack of probable cause, an invalid search warrant or failure to comply with the law in conducting a warrantless search. Irrespective, you can trust our lawyers have everything that is necessary to insure that you have the best chance of avoiding the pitfalls of a conviction for possessing CDS in Rahway. To speak to a lawyer immediately, contact our office anytime 24/7. Attorneys are available now to help you at 908-272-1700.
