Charged With Possessing Cocaine in the City of Linden
Were you charged with possessing cocaine on your person in Linden? Were you arrested for being in a car when police found cocaine somewhere in the vehicle? Are you facing a cocaine offense at the County Courthouse in Elizabeth that arose in Linden? If your answer to any of these questions is yes, you need to consult a competent cocaine possession defense attorney as soon as possible. The penalty for possession of cocaine is serious, even if you believe the amount you had in your possession was relatively small. The attorneys at the Law Offices of Jonathan F. Marshall have collectively over 100 years of experience defending clients who have been charged with drug possession offenses. Let the lawyers at our firm, include our several ex-prosecutors, help you defend your rights and challenge the prosecutor’s case. A lawyer on our team will identify any constitutional issues and other defenses to help downgrade or possibly even dismiss your cocaine possession charge. Contact us today at 908-272-1700 for a free consultation with an experienced attorney.
Cocaine Possession Charge in Linden New Jersey
The New Jersey law that criminalizes cocaine possession is N.J.S.A. 2C:35-10a(1). Under the statute, it is a third degree crime for a person to knowingly possess a controlled dangerous substance (CDS), unless it was prescribed by a licensed physician. Cocaine is a Schedule II CDS that that no longer has any medical use so it is illegal to possess it under any circumstances in Linden or anywhere else in the state.
Possession under 2C:35-10 can occur in two way. An individual can actually or directly possess cocaine, meaning that they have direct custody of the drug. This typically occurs if the person has CDS in their hand, pocket, lap, jacket, pants or in a purse or backpack in their direct custody. You may have also possessed cocaine constructively in violation of 2C:35-10. This form of possession is triggered when you do not have direct actual custody but aware of its presence and have both the ability and intention of exercising control over it in the future. The classic scenario where this arises is where cocaine is hidden in a car or residence; although its owner is not in direct possession, they have every intention of possessing it when they desire.
Penalty for simple possession of cocaine. The offense of cocaine possession is a third degree crime that results in 3 to 5 years in prison and a fine up to $35,000.
Possession of cocaine in a school zone. If a person possesses cocaine in a school zone, school bus, public housing project, or public park, then 100 hours of community service is mandatory if the person is not sentenced to a prison term.
Manufacturing, selling or distributing cocaine in Linden. The law and penalties when possession is not for personal use are entirely different. If you have been arrested and charged in Linden with distribution or possession with intent to distribute cocaine, click here for more information.
Linden Possession of Cocaine Lawyers
Charges involving possession of cocaine, crack, or other controlled dangerous substances are serious, and have significant consequences in your life. In addition, the emphasis on drug prosecutions in New Jersey means that there are many complex drug laws that need to be understood to effectively defend against a drug charge, including cocaine possession. The lawyers at the Law Offices of Jonathan F. Marshall have a complete understanding of all of the nuances of the drug laws. With that understanding and knowledge, our attorneys can help you fully explore all of the options available with regard to the defense of your case. Call our Union Township office at 908-272-1700 to speak to an attorney about what can be done to help you defend your Linden cocaine charge. A lawyer are available to speak with you immediately and the initial consultation is free.
