Union County Drug Possession Lawyer Providing Aggressive Advocacy for Union County Drug Crimes
New Jersey works hard to enforce its drug laws. Controlled drugs are perceived as a danger to the user because they are often addictive. They are enforced because those who make and sell the drugs affect the lives of teenagers and adults alike. Often violence is involved with the attempts to collect payment for drugs. There are defenses to drug possession charges. The police must follow the U.S. Constitution and New Jersey laws in order to conduct searches and seizures. The prosecution has the burden of proving its case.
Helping protect the rights of the accused in New Jersey for 60 years
At Aiello, Harris, Marth, Tunnero & Schiffman, P.C., our lawyers have a unique perspective on criminal cases because many of our lawyers served as prosecutors before joining the firm. We file motions to suppress evidence of the drugs, contest the credibility of the police and other witnesses, and hold the prosecution to the letter of the law. Our Union County defense lawyers have successfully helped many defendants to have their charges dismissed and to obtain fair plea bargains. In some cases, we steer the defendants to drug courts, which focus on treatment rather than punishment.
Possession of a Schedule I, II, III, or IV CDS in New Jersey
A CDS is a controlled dangerous substance. CDS drugs are classified according to the following schedules:
- Schedule I drugs. This classification includes narcotics and hallucinogens. These drugs have no acceptable medical use and are deemed highly likely to be abused. Some of the drugs in this category are heroin, LSD, marijuana, synthetic marijuana, and hash.
- Schedule II drugs. Accepted medical usage has strict limitations. Samples in this category include methadone, Demerol, Percocet, Vicodin, morphine, codeine, cocaine, amphetamines, methamphetamines, and fentanyl.
- Schedule III drugs. These drugs also are dangerous but have less potential for abuse than Schedule I and Schedule II drugs. They can cause physical and psychological dependencies. Examples include ketamine, Tylenol with codeine, anabolic steroids, testosterone, and buprenorphine
- Schedule IV drugs. These drugs are dangerous, but less serious than Schedule I, II, or III drugs. They are typically medically acceptable with a valid doctor’s prescription. Some of the drugs in this category are diazepam, clonazepam, alprazolam (commonly called Xanax), Darvocet, and Ambien.
Illegal possession of any of the Schedule I, II, III, or IV drugs is a 3rd degree offense. The penalties for 3rd degree offenses are three to five years in state prison and up to $15,000 in fines.
Possession of a Schedule V CDS in New Jersey
Schedule V drugs are considered the least serious of the Controlled Dangerous Substance categories. These drugs may be sold over the counter, but for medical purposes only. A prescription is required.
Schedule V drugs include less than 200 milligrams of codeine, less than 100 milligrams of dihydrocodeine, less than 100 milligrams of ethylmorphine, less than 100 milligrams of opium, and less than 2.5 milligrams of diphenoxylate.
Possession of a schedule V CDS in New Jersey is a 4th degree indictable offense. The penalties for possession are up to 18 months in prison and fines up to $10,000.
Communicate with a Union County drug defense lawyer now
Our Union County drug possession attorneys prepare each case for jury trial. By preparing for a court trial, our lawyers are ready to assert every defense at the right time in the right way. Attention to the minutest details also puts us in the best position to negotiate a fair plea bargain with your consent. To review your case with an experienced Aiello, Harris, Marth, Tunnero & Schiffman, P.C. attorney, please call us at (908) 561-5577 or use our contact form to schedule a cost-free consultation.