Arrested for Possessing CDS in Roselle New Jersey
The criminal offense that probably arises must often in the Borough of Roselle is some form of drug possession. Whether its someone accused of possessing marijuana, cocaine or a prescription drug like Xanax or Oxycodone, controlled dangerous substance (“CDS”) possession is commonplace in Roselle New Jersey, as well as the vast majority of municipalities in Union County. If you were arrested for possessing any type of drug or CDS in the town, you should strongly consider contacting an attorney at our firm. The Law Offices of Jonathan F. Marshall has a powerhouse team of eight criminal lawyers, several of whom are former prosecutors, who possess over a century in practice between them. A lawyer with the knowledge and skill to help you avert a conviction and penalties for possession of CDS in Roselle is available to assist you immediately by calling 908-272-1700. Your initial consultation with our attorneys is free of charge so there is no reason to hesitate in contacting us.
Charged With Possession of Drugs in Roselle
The overwhelming likelihood is that you were charged under N.J.S.A. 2C:35-10 if you are facing a possession offense in Roselle New Jersey. This law makes it a third degree crime, fourth degree crime or disorderly persons offense to knowingly possess, either actually or constructively, a controlled dangerous substance without a valid prescription.
Actual possession means that you had CDS in your direct custody and control. In contrast, constructive possession means that the drugs were not in your custody but that you were aware of their presence and had the intent and ability to exercise control over them in the future. Either form of possession can be used to convict someone under 2C:35-10.
Possession of cocaine, MDMA, Ecstasy, Molly LSD, heroin or another Schedule I, II, III or IV CDS is a third degree crime pursuant to 2C:35-10. The penalties that apply if you are convicted include a fine of up to $35,000 and 3-5 years in prison.
It is a fourth degree crime to possess over 50 grams of marijuana, a Schedule V CDS or at least 5 dosage units of a prescription drug, including Xanax, Hydrocodone, Valium, Oxycodone and the like. The penalties for this grade of drug possession in Roselle or another municipality in Union County include up to 18 months in state prison.
Possession of 50 grams or less of marijuana in Roselle or less than 5 dosage units of a prescription drug is a disorderly persons offense which, unlike the other forms of possession, is handled in the Roselle Municipal Court. You face fine of up to $1,000 and up to 6 months in the county jail for a disorderly persons possession charge.
If you are found guilty of possession of drugs you also face a driver’s license suspension of at least 6 months and as much as 24 months whether the violation involved a motor vehicle or not.
All of the penalties, as well as a criminal conviction, can be avoided if you are a first time offender and are able to obtain admission and complete either the conditional discharge program or pretrial intervention program.
Roselle CDS Possession Defense Lawyer
As you can see from reading this article, you are subject to serious consequences if you fail to successfully defend your Roselle CDS possession charge. Hiring the best defense lawyer you can afford should therefore be your primary objective if you want to avoid a conviction and penalties set forth in 2C:35-10. The attorneys on the staff of the Law Offices of Jonathan F. Marshall are fully equipped to serve you well in this role. We are former prosecutors and skilled criminal lawyers who have decades of experience practicing in Roselle Municipal Court and at the Union County Superior Court in Elizabeth. If you want to learn what we can do to assist you, contact our office to speak to a savvy attorney immediately.
