A type of criminal offense that arises in many forms in Roselle Park is drug possession. The controlled dangerous substance (“CDS”) charge that is encountered most often is marijuana possession. Irrespective of the drug you allegedly possessed, you face substantial penalties if you are convicted, including the possibility of imprisonment, fines and a suspension of your driving privileges. This is why you want a Roselle Park drug possession attorney with the experience, knowledge and skills to obtain the best result. The criminal defense team at the Law Offices of Jonathan F. Marshall is made up of seasoned attorneys who have dedicated their professional careers to representing people accused of violating the laws of the state, including those that apply to possession of drug and CDS. Some of them draw upon their experience as former prosecutors when developing defense strategy to pursue on a client’s behalf. A lawyer is available around the clock to discuss your Roselle Park CDS possession charge. To speak to one of our lawyers now, contact our Union Township Law Office at (908) 272-1700
CDS Possession Charge in Roselle Park New Jersey
Drugs are classified as controlled dangerous substances under N.J.S.A. 24:21-5 through 24:21-8.1. The statute lists substances in schedules set up according to their potential for abuse by those taking them and the presence or absence of a proven medical use. For example, Schedule I controlled dangerous substances such as heroin, MDMA (i.e. Ecstasy/Molly) and marijuana, have the highest potential for abuse and do not have a proven medical use associated with them. Schedule II contains cocaine, methamphetamine and many opiates like Oxycodone and Hydrocodone.
N.J.S.A. 2C:35-10 is the New Jersey CDS Possession Law and chances are that this is the statute under which you have been charge. It makes it a crime to purposely or knowingly possess or obtain controlled dangerous substances without a valid prescription. Someone can possess a drug in violation of this law either actually or constructively. Actual possession occurs when someone has physical custody of drugs. Constructive possession arises when someone is aware of the presence of the CDS and has both the ability and intention to exercise control in the future.
Penalties for Possessing Drugs
The state drug laws make the penalties for drug possession in Roselle Park dependent upon the quantity and type of controlled dangerous substance you have at the time of your arrest. For example, possession of 50 grams or less of controlled dangerous substances listed in Schedules I, II, III and IV are prosecuted as indictable crimes of the third degree, the equivalent of a felony in other states. A judge could sentence you to five years in prison, $35,000 in fines and suspend your driver’s license for up to 24 months if you are convicted of the charges.
Schedule V substances, which include morphine and codeine, are those with a low potential for abuse and for which there are medical uses. Penalties for possession of these substances include up to 18 months in prison, fines up to $15,000 and suspension of your license to drive for up to 24 months as a crime of the fourth degree.
Possessing marijuana is illegal but is one of the only drugs that does not result in an indictable offense in all instances. If you possess 50 grams or less of marijuana in Roselle Park, the violation results in a disorderly persons offense, a misdemeanor, which falls under the jurisdiction of the Roselle Park Municipal Court. You face a $1,000 fine and up to 6 months in the county jail for this offense. If you possessed more than 50 grams, that is a fourth degree crime that carries up to a $25,000 fine and 18 months in prison. For additional clarification on this subject, please refer to Roselle Park Marijuana Possession Charges.
A conviction for possession of drugs or CDS in Roselle Park in any form also results in a driver’s license suspension of 6-24 months. If the violation occurs in a school zone, the charge results in at least 100 hours of community service.
Roselle Park CDS Defense Lawyer
A conviction for drug possession always leaves you with a criminal record that can prevent you from getting a job, renting an apartment or doing many of the things people take for granted. The only way to have a chance at avoiding the stigma of such a result is to mount a successful defense. A skilled defense lawyer is going to be your greatest asset in achieving this goal. Attorneys at the Law Offices of Jonathan F. Marshall have over 100 years of combined experience to utilize on your behalf. The lawyers also happen to possess a long history of success in Roselle Park and at the Union County Superior Court in Elizabeth. To speak to an attorney about the circumstances surrounding your arrest, call (908) 272-1700 for a free initial consultation.
