Charged With Possessing Cocaine in Rahway New Jersey
One form of controlled dangerous substance (“CDS”) that is definitely on the rise in Rahway is cocaine. More and more cocaine possession charges are being filed in Rahway annually and our attorneys cannot help but notice the spike. Despite the increased presence of cocaine in Rahway and Union County, possessing it carries serious consequences including the possibility of a state prison sentence. A lawyer at our firm, the Law Offices of Jonathan F. Marshall can protect you against such an unfavorable outcome. Our results are derived utilizing over a century of combined experience and significant time serving as prosecutors. To speak to an attorney with the skill to insure you reach the best result in your cocaine case, contact our office. Lawyers are available immediately by calling 908-272-1700.
Cocaine Possession Offense in Rahway New Jersey
Personal possession of cocaine is criminalized under N.J.S.A. 2C:35-10a(1). This offense is entirely different from the one which arises when possession is for purposes of selling or distributing cocaine. It is a third degree crime to possess any quantity of cocaine for personal use under 2C:35-10a(1). An individual can violate this law if they possess cocaine actually or constructively. Actual possession means that the person has direct physical custody over the cocaine, for example, it is in their hand, their pocket or purse. Constructive possession applies where someone lacks direct custody of the cocaine but is aware of its presence and have both the intention and ability to take control over the drug in the future.
Penalties for Cocaine Possession
A conviction for possession of cocaine triggers many potential penalties. The most significant penalty for a third degree crime of possessing cocaine is a state prison term that can reach 5 years. The presumptive term of imprisonment is 3-5 years. You may also be fined up to $35,000 for third degree possession cocaine. An individual convicted on a possession of cocaine charge is subject to a mandatory suspension of his driver’s license for at least 6 months and as much as two years. The Pretrial Intervention Program allows an individual to escape the consequences of a conviction under 2C:35-10a(1). There are strict eligibility requirements to admission and successful completion of this program. It is always best to consult a lawyer who is knowledgeable in this area like those at our firm.
Rahway Cocaine Possession Defense Attorney
If you were arrested and charged with cocaine possession in the City of Rahway, your case will be referred to the Union County Superior Court in Elizabeth. The reason for this stems from the fact that jurisdiction to preside over a third degree crime rests with the Superior Court. The lawyers at our firm are highly experienced working in the courthouse and dealing with the judges in Elizabeth as litigators who have been appearing in the venue for over 100 years between us. A defense attorney who knows how to successfully defend your charge is available to assist you anytime of day or night by contacting our firm. Call us at 908-272-1700 to speak to one of our attorneys now.