Drug Possession Representation for Woodbridge Residents
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.
Drug Possession Charges In Woodbridge, NJ
Aiello, Harris, Abate Law Group PC has over 250 years of trial experience defending individuals accused of a drug crime. Many of our attorneys have law enforcement backgrounds and are former prosecutors. Our Woodbridge criminal attorneys 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.
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. Marijuana, Heroin, LSD, Hash, 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.
Possession of small amounts of marijuana and hashish may qualify as fourth-degree crimes and not third-degree crimes. All third and fourth-degree crimes are indictable offenses.
Case Study
Drug Charges Dropped
The attorneys of Aiello, Harris, Abate Law Group PC appeared in Union Municipal Court, 981 Caldwell Ave, Union, NJ before the Honorable Kelly Waters, JMC. Municipal Prosecutor, Michael Wittenberg, Esq. The defendant was charged with drug possession and possession of drug paraphernalia in violation of N.J.S.A. 2C:35-10 and N.J.S.A.
How can a medical marijuana exception affect drug possession charges?
In 2010, New Jersey passed a law that allows for an exception to possession of marijuana charges. The exception only applies if there is a valid medical reason and the user complies with other legal requirements. If the exception does not apply, the person in possession can be charged with a third- or fourth-degree crime depending on the amount of marijuana discovered.
The 2010 law allows the use of marijuana if:
The person has a debilitating medical condition
The condition is:
Cancer
HIV/AIDS
Lou Gehrig’s disease
Glaucoma
Spasms and seizures, such as epilepsy
Multiple sclerosis and muscular dystrophy
Inflammatory bowel disease
Seizures and spasms (including epilepsy)
A deadly illness where the patient is likely to die within one year
Any terminal illness from which the patient is expected to die within one year.
There is a doctor’s certification. A physician who is treating you on an ongoing basis must authorize the use of medical marijuana
The user has a valid registration. Anyone who uses medical marijuana must register with the New Jersey Department of Health and Senior Services. Users should wait until they have a valid Registry ID card in their hands before using the marijuana.
Even when users have a valid registry ID and a debilitating medical condition, the police may mistakenly arrest someone in possession of marijuana. Our Woodbridge drug possession lawyers help authorized users have their possession charges dismissed.
Other drug possession defenses
Our Woodbridge narcotics possession attorneys use many different strategies to help those accused of crimes in Montclair, Newark, West Orange or anywhere in Woodbridge, NJ, defeat the charges or to have their charges reduced.
Some of the defenses we argue include:
Illegal search and seizure. The police must have a reasonable suspicion to stop you and must generally have probable cause to obtain a warrant to search you. Some exceptions and some broad readings of this requirement under the Fourth Amendment may apply. For example, police are generally given more latitude to search someone, seize their possessions, or arrest the person if the accused was not in their house or apartment.
There was no constructive possession of the drugs. If the drugs are not found directly on the person, the police must have convincing evidence that the circumstances clearly show that the accused was, before the arrest, in possession of the controlled substances.
Violations of Constitutional rights. The accused should be informed that they have the right to a lawyer and the right not to incriminate themselves. Defendants also have the right to confront and cross-examine their accusers in court.
Other defenses may apply. For example, we may show that someone other than the accused owned the drugs.
Contact us today
The sooner you speak with a criminal defense attorney, the better. At Aiello, Harris, Abate Law Group PC, we strive to secure bail for the accused, investigate the circumstances of the incident, file motions to suppress evidence, and analyze all applicable legal defenses. We have been fighting for the accused since 1955.
Call us today at (848) 346-2369 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at our Woodbridge, NJ, office or one of our other office locations across New Jersey.
Contact our Woodbridge Drug Possession Lawyers
Meet Our Team
The Aiello Harris Abate Law Group is made of a group of professionals that are here to help you through all challenges.