Drug Crime Lawyer Fighting for Clients with Drug Possession Charges in Jersey City
New Jersey Law 2C:35-10 (Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition) states that it is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner. In most cases, drug possession is considered a third-degree offense and results in 3 to 5 years in jail and a fine that can be as much as $35,000.00.
Even though there has been an effort to legalize medical marijuana in New Jersey, the state still considers the substance to be a Schedule I drug and its possession for recreational use (along with heroin, LSD, MDMA) others) is regarded as a criminal act. Charges can be considerably more severe if you are accused of possessing drugs near a school area, public park, or public housing project. If you have been charged with drug possession, you should contact a Jersey City criminal defense attorney as soon as possible to minimize the charges or dismiss them when possible.
How do Drug Trafficking and Possession Charges Work in New Jersey?
Possession of illegal substances such as methamphetamines, heroin, marijuana, or prescription drugs usually results in a harsh range of penalties, with consequences that can affect many aspects of a defendant’s life for years to come if not handled correctly in court. Those who have been accused of drug possession may sometimes also face additional charges, depending on whether they were carrying a large amount of drugs.
In such cases, prosecutors may add a charge of drug distribution, which aggravates the potential consequences of defendants and requires immediate legal advice from a seasoned attorney.
You can be accused of possessing drugs with the intent to distribute them even if you weren’t caught selling drugs, but had a certain amount in your control. The police do not need to find evidence of an actual transaction before charging someone with drug distribution. The type of punishment given depends on the type of drug in question and how much the defendant is being accused of selling. If you have been charged with possession of drugs with or without intent to sell, seek immediate legal help to maximize your chances of getting a favorable outcome and reducing the severity of your charges.
How Can an Attorney Reverse a Drug Possession and Distribution Charge in New Jersey?
New Jersey courts usually issue harsh punishments and fines for those found guilty of drug possession and drug distribution. In order to reduce the severity of charges or dismiss them, an attorney will need to analyze what evidence is being used by prosecutors to support the accusations.
Suppose the police have found pre-packaged drugs in multiple bags or containers that indicate they were meant for distribution. In that case, they can use that as evidence, making it harder to dismiss distribution charges. Other evidence such as equipment that can be used for weighing and packaging drugs may also be used as proof of intent to distribute. A New Jersey drug crime attorney might be able to have charges dismissed if he or she is able to prove that the search and seizure of the drugs and paraphernalia were not conducted properly or in accordance with the law.
If you have been arrested or indicted, that does not automatically constitute a guilty verdict. There are multiple steps in a drug crime case before you are taken to trial. Police often assume guilt at the time of an arrest, but the prosecutors must prove that they have enough evidence for a case against you to seek a guilty verdict. The right drug crime attorney will be able to challenge the evidence gathered against you or even the circumstances under which you were arrested.
At the Law Offices of Keith Hirschorn, P.C., we will carefully analyze each case and work with our clients diligently to maximize the chances of a positive outcome. While each case is different and a positive result is not guaranteed, we treat every client with the utmost respect and professionalism. If you have been charged with a drug crime, contact our office as soon as possible to learn your options by calling 201-798-4024.