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New Jersey Drug Possession Charges
Drug Possession In New Jersey
Being charged with possession of a controlled substance can result in loss of personal freedom, expensive fines, damaged reputation, forfeiture of assets, and a lifelong criminal record. Possession is different than using drugs or selling narcotics. The penalties for drug possession vary depending on the type of drug and the amount of the drug. Having prior convictions can substantially increase the length of a jail sentence and the amount of the fines.
Possession of drugs can be actual or constructive. Actual means the drugs were on your body or clothing when you were detained. Constructive means the drugs were found near you, and the circumstances strongly suggest they were in your possession at some time. Drug charges in New Jersey are classified according to the harm they can cause. Some drugs are prescription, which can be authorized. Other drugs are illegal in almost all cases.
Controlled dangerous substances (CDS), also referred to as illegal narcotics or drugs, are broken down into five “Schedules” according to New Jersey law. These “Schedules” are classes that define the danger of the substances. Schedule I drugs are viewed as the most dangerous, most addictive, and have a higher potential for abuse. As we move to the other end of the list, toward Schedule V, they are considered less harmful, so the corresponding punishments for possession and distribution become less severe.
Our New Jersey drug possession lawyers challenge every aspect of the prosecution’s case, including the search and seizure of the drugs, the arrest of the accused, the chain of custody of the narcotics, whether any Constitutional rights were violated, and the facts of the case. Our attorneys have successfully suppressed illegally obtained evidence and have won cases on the merits. When appropriate, we arrange plea bargains. We also help non-violent offenders get treatment instead of strict sentences.
Our law firm is experienced in helping clients fight charges for any controlled substance charges, from Schedule I to Schedule V. Regardless of whether you are facing illegal street drug charges or charges for the unlawful possession of prescription drugs, we are ready to walk with you every step of the legal process. We are the Somerset County prescription drug lawyers people have come to trust for effective and aggressive defense.
Penalties & Fines for Drug Charges in New Jersey
Third Degree Crimes
Possession of Schedule V drugs is a fourth-degree drug crime. Possession of Schedule I, II, III, or IV drugs is a third-degree crime. Third-degree crimes are treated more harshly than fourth-degree offenses.
Examples of various scheduled drugs (the lists are not exhaustive) are:
- Class I. Heroin, LSD, and Acid
- Class II. Morphine, Percocet, Vicodin, Amphetamines, and Methadone
- Class III. Anabolic steroids, testosterone, Tylenol with codeine, and ketamine
- Class IV. Xanax, Valium, Klonopin, and Ambien
- Class V. Under 200 mg of codeine, under 100 mg of opium, less than 2.5 mg of diphenoxylate
Schedule III, IV, and V drugs have accepted medical uses and are usually used with a valid prescription.
Most drug possession crimes are third —or fourth-degree indictable offenses (felonies).
What happens to you if you’re charged with drug possession?
If your charge involves a drug weighing 50 g or less you will have the following exposure: You may be put in prison for 18 months, or pay a fine of $25,000. If it is between 1 ounce, but less than 5 pounds, the penalty is 3 to 5 years’ imprisonment and a fine of $25,000. If the drug possession is more than 5 pounds, but less than 25 pounds, the penalty is 5 to 10 years’ imprisonment with a fine of $150,000. and you will also be charged with intent to distribute. If it is 25 pounds or more you will be imprisoned with a minimum of 10 years to 20 years with a fine of $300,000.
Contact us today!
Our New Jersey criminal lawyers can defend you in drug possession cases across New Jersey.
Drug possession convictions can change your life. You will likely lose your freedom, have to pay substantial fines, may lose your driver’s license, and your reputation will suffer. At Aiello, Harris, Abate Law Group PC, our New Jersey drug possession lawyers are experienced trial lawyers. We challenge the prosecution and the police every step of the way, from the initial hearings and motions to the jury trial.
Prescription Drug Laws and Charges in New Jersey
Prescription drug abuse has become more prevalent in recent years. Many drugs are potent and effective, but they are difficult to obtain without a prescription. If you are charged with illegal possession of prescription drugs, the charges are dependent upon how you received the drugs and whether the drugs were for personal use or resale.
Charges you may face include prescription drug fraud or forgery if you obtained the drugs by fraud, deception, or forgery. If you are charged with possession, you were caught holding the substances without having a valid prescription from a licensed prescriber. To be charged with distribution, you had several doses of the drug, and law enforcement believes you were possessing the drug for resale.
Drug Offense Resources
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