Drug Crime Lawyer Fighting for Clients Facing Drug Possession Charges in Hoboken
The state of New Jersey considers drug possession to be a third-degree offense with heavy penalties, including a fine of up to $35,000.00 and 3 to 5 years in prison. Obtaining or possessing a controlled dangerous substance that was not directly obtained as a result of a medical prescription is a criminal act according to New Jersey Law 2C:35-10 (Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition).
Possessing and/or using Schedule I drugs such as marijuana, LSD, heroin, MDMA, and others is a felony even though there have been several efforts to legalize the medical use of marijuana decriminalize possession of small amounts of pot. Charges can be aggravated if an individual is accused of drug possession while near a public housing project, school, or public park.
What Are The Penalties for Drug Distribution Charges in Hoboken, NJ?
Individuals charged with drug possession for carrying a large quantity of drugs may also be charged with intent to distribute. Penalties vary depending on the total weight of drugs found with the person. For instance, those found with smaller amounts of meth, cocaine, heroin, narcotics, or marijuana will likely face a third or fourth-degree violation, whereas 25 lbs or more of marijuana or 5 oz. or more of heroin and cocaine will likely result in a first-degree crime.
In such cases, the offender will be facing fines and jail time – 3 to 5 years in prison for a third-degree crime, 5 to 10 years for a second-degree crime, and 10 to 20 years for first-degree crimes. It is essential to understand that even if an individual was not caught selling drugs but was in possession of a significant amount, he or she may still be charged with possessing drugs with the intent to distribute them. 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.
Is It Possible to Get a Drug Possession and Distribution Charge Dismissed in New Jersey?
The state of New Jersey has a very low tolerance for those charged with drug possession with or without the intent to distribute. A Jersey City criminal defense attorney will need to analyze the evidence presented by the prosecutors to build a strategy to minimize penalties or dismiss charges.
For example, suppose the prosecution’s evidence includes bags or packaging material that indicate the drug was going to be distributed. In that case, it will be much more difficult to dismiss the distribution charges. The same goes for the apprehension of equipment that can be considered drug paraphernalia. A skilled attorney may try to prove that the police did not conduct the search and seizure in accordance with the law and that the evidence gathered is therefore considered inadmissible in court, resulting in a case dismissal.
Keep in mind that being arrested or indicted does not automatically constitute a guilty verdict. It is customary for police to assume guilt at the time of an arrest, but there are many steps before you are taken to trial and sentenced for a drug crime. Prosecutors need to prove their case and present enough valid evidence to maintain their case against you and seek a guilty verdict. An attorney with a solid knowledge of New Jersey drug crime laws will be able to challenge the evidence gathered against an offender and even the circumstances of a search, seizure, and arrest.
The Law Offices of Keith Hirschorn, P.C. will carefully analyze each case and work with our clients diligently to challenge the prosecution’s evidence and fight to get a positive outcome for every case. We know that each situation is different, and we cannot always reach a favorable outcome for every one of them. Still, we pledge to treat every client with the utmost respect and professionalism. If you have been charged with a drug crime in Hoboken, contact our office as soon as possible to learn your options by calling 201-798-4024.