{"id":5120,"date":"2025-05-22T15:26:50","date_gmt":"2025-05-22T15:26:50","guid":{"rendered":"https:\/\/aielloharris.com\/?p=5120"},"modified":"2025-06-11T14:22:00","modified_gmt":"2025-06-11T14:22:00","slug":"types-of-common-drug-charges","status":"publish","type":"post","link":"https:\/\/aielloharris.com\/es\/types-of-common-drug-charges\/","title":{"rendered":"Tipos de cargos comunes por drogas"},"content":{"rendered":"
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Entrevistador: <\/strong>What are the most common kinds of drugs that you\u2019re seeing?<\/p>\n\n\n\n

James Abate<\/a>: <\/strong>The most common arrest that we see comes under the possession of 50 grams or less of marijuana. That is actually in some of the towns where we represent clients. Police are conducting motor vehicle stops, it seems almost primarily to locate young people with marijuana. That\u2019s going to come under a couple of different statutes. One is 39:4-49.1<\/a>, which is possession of a controlled dangerous substance (CDS in a motor vehicle. The second is the criminal offense of possession of marijuana, which is 2C:35-10a<\/a>.<\/p>\n\n\n\n

The reason the police write both of those tickets is that possession of marijuana is a criminal charge. If you\u2019re convicted, it creates a criminal record for posesi\u00f3n de drogas<\/a>, which remains on your background whenever you apply for a job, rent an apartment, or get a credit check. It\u2019s going to show up if someone runs a background check.<\/p>\n\n\n\n

The traffic ticket of CDS in a motor vehicle, which is again 39:4-49.1, is actually the more dangerous ticket, even though it\u2019s just a motor vehicle offense because it comes with a mandatory two-year loss of license. That\u2019s something in New Jersey. You\u2019re unable to work, go to school, or take care of yourself if you don\u2019t have the ability to drive.<\/p>\n\n\n\n

When we resolve one of these cases, even if we\u2019re getting a client into a diversionary program, we still have to be careful to make sure that we get the motor vehicle offense dismissed. A lot of less experienced lawyers will forget about the motor vehicle charge and then their client gets suspended for two years even though they\u2019ve gone through a diversionary program.<\/p>\n\n\n\n

Entrevistador: <\/strong>Have you noticed any different trends as far as individuals who are being prosecuted or convicted for delitos relacionados con drogas<\/a>? I think back in the \u201970s and \u201980s, there was a specific type of individuals, like teachers, doctors, and other sorts of professionals. Would that be an accurate assumption?<\/p>\n\n\n\n

James Abate: <\/strong>The first thing is that I think you have to differentiate between 2C:35-10a(4), which is possession of 50 grams or less of marijuana, and every other offense. When we have somebody who has been arrested with under 50 grams of marijuana, if we can\u2019t find a reason to suppress the search, we are very often going to look to get them into a diversionary program such as the conditional discharge program.<\/p>\n\n\n\n

The conditional discharge program is basically probation before trial. If you get into the program and you can stay clean meaning both your urine drug test and your criminal behavior for six months to a year, the charges are then going to be dismissed if you are a first-time offender. For someone who is a first-time possessor of marijuana, we are going to be able to completely get them out of trouble through the conditional discharge program. If they decide to learn from that lesson not to possess drugs, then they are going to have a clean record for the rest of their life. If they went with a less experienced attorney, they might end up with a record. That\u2019s even if we don\u2019t find a reason to suppress.<\/p>\n\n\n\n

The reason I bring this one up first is you\u2019re asking me about different attitudes toward possession these days. It\u2019s the marijuana of 50 grams or less that is going to come in under this circumstance. New Jersey does give you a little bit of help on possession of marijuana. When you deal with other types of drugs under 2C:35-10a, which could be anything from cocaine to hashish to stimulants to heroin, it becomes a very different story. These are what we consider \u201creal\u201d drugs.<\/p>\n\n\n\n

Also, if you are above 50 grams of marijuana, you can then be accused that it wasn\u2019t for personal consumption; you\u2019re a distributor. Then we start dealing with what in New Jersey are called indictable offenses (whereas in other places you call them felonies). You\u2019re going to get sent to the grand jury, and a grand jury is going to decide whether a criminal offense in the superior court should come against you. Then you are facing fourth-degree, third-degree, or second-degree charges.<\/p>\n\n\n\n

For less than 50 grams you\u2019re generally in the municipal court. You\u2019re facing six months or less in jail. When you\u2019ve stepped up to the superior court with the more serious drugs, you\u2019re facing a fourth-degree offense, which could be up to a year and a half in jail; a third-degree offense, which could be five years in jail; or a second-degree offense, which could be five to 10 years in jail. There\u2019s a real difference depending on the drug that you\u2019re looking at and the amount of drugs that you\u2019re dealing with. For marijuana on a first time, there may be some leniency. For everything else, it\u2019s a different ball game.<\/p>\n\n\n\n

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Recursos sobre delitos de drogas<\/h3>\n\n\n\n