Challenging a Drug Possession Charge in New Jersey

Facing a drug possession charge in New Jersey can be an incredibly stressful and frightening experience. The penalties for even a minor drug offense can include heavy fines, driver’s license suspension, and even jail time. However, with an experienced New Jersey criminal defense attorney on your side, you may be able to get the charges against you reduced or even dismissed. This article will provide an overview of drug possession laws in New Jersey, potential defenses to fight the charges, and why hiring a knowledgeable lawyer is critical to protect your rights.

New Jersey Drug Possession Laws

New Jersey categorizes drug possession charges into varying degrees of severity depending on the type and amount of drugs involved:

• Disorderly Persons Offense – Possessing less than 50 grams of marijuana or 5 grams of hashish. This is the lowest level drug offense in NJ.
• Fourth Degree Crime – Possessing controlled dangerous substances (CDS) like heroin, cocaine, MDMA, LSD, ketamine, PCP and analogs of these drugs (even residue amounts). Also includes possessing more than 50 grams of marijuana or 5 grams of hashish.
• Third Degree Crime – Possessing CDS with intent to distribute or possessing a very large quantity. Also includes maintaining or operating a CDS production facility.
• Second Degree Crime – Possessing CDS with intent to distribute within 500 feet of public housing, parks, schools, buses, or vehicles used for school purposes. Distributing to a minor or a pregnant woman. Maintaining a drug manufacturing facility.
• First Degree Crime – Possessing CDS with intent to distribute or distributing 1 ounce or more of heroin, 5 ounces or more of cocaine or methamphetamine, or 10 pounds or more of marijuana. Leading a narcotics trafficking network.

The penalties increase sharply for higher degree crimes. A Fourth Degree drug crime carries up to 18 months in prison and $10,000 in fines. A First Degree drug felony conviction can result in 10-20 years imprisonment and fines over $200,000. Prosecutors tend to pursue the maximum charges and penalties possible, which is why skilled legal defense is so critical.

Fighting Drug Possession Charges in New Jersey

The best chance of beating a drug possession charge involves attacking the validity of the charges themselves. By exposing sloppy police work, faulty lab testing, or procedural errors an experienced lawyer can often get drug charges reduced or dismissed pre-trial. Common defenses include:

• Illegal Search & Seizure – If the police did not have probable cause or a warrant to conduct the search that discovered the drugs, the evidence may be excluded.
• Chain of Custody Errors – The prosecution must prove the proper chain of custody from seizure of the drugs to testing at the lab. Any broken links in that chain can nullify the charges.
• Faulty Drug Tests – Crime lab testing errors, contamination issues and improper calibration of drug testing equipment occur more often than most people realize.
• Lack of Intent – For more serious “intent to distribute” charges, the prosecution must prove you intended to sell or distribute the drugs.

Additional defenses can include arguing the drugs were for personal use, police entrapment, falsely identified substances, lack of knowledge (if the drugs were hidden in your car or home unbeknownst to you), and more. An attorney experienced in New Jersey drug crime defense will evaluate all options.

For minor marijuana possession charges, first-time offenders may qualify for the conditional discharge program. This involves a term of probation, drug counseling or community service and getting the charges dismissed upon successful completion. Veterans or those with documented health conditions may also qualify for pre-trial intervention programs.

Why An Attorney Is Critical For Drug Possession Charges

Navigating New Jersey’s complex criminal justice system is extremely difficult without an attorney, especially on drug charges. The laws and penalties are constantly changing and vary depending on the specific circumstances of each case. Even when a defendant is innocent there are many opportunities for prosecutors and police to take advantage of mistakes and lack of legal knowledge to secure convictions.

An experienced drug crimes lawyer intimately understands all the latest drug laws, sentencing guidelines and potential defenses. They can aggressively attack the validity of the charges, protect your rights in court and develop an optimal legal strategy. While every case is different, quality legal representation makes a huge difference. One study in New Jersey showed that almost 70% of drug possession defendants without lawyers plead guilty, while over 70% of those with lawyers achieved charge reductions or dismissals.

The consequences of a drug conviction in New Jersey extend far beyond court fines and jail sentences. You may lose your job, professional licenses, student aid eligibility and even child custody rights. The stigma of a permanent criminal record can destroy careers and reputations for life. An attorney may be able to negotiate alternatives like deferred adjudication or expungement to avoid these damaging long-term effects.

Finding The Right New Jersey Drug Defense Lawyer For Your Case

If you or someone you love is facing drug possession charges in New Jersey, contacting a criminal defense lawyer should be your first call after release from police custody. Take advantage of free case evaluations to find the best legal representative for your specific situation. Look for attorneys with extensive experience in New Jersey drug crimes defense and a proven track record of positive case results. Ask about their pricing structures and ensure they will handle your case personally.

The potential penalties for even minor drug convictions are no joke in this state. But an experienced drug crimes lawyer can stand between you and disaster – fighting for dismissal or reduction of the charges wherever possible. Don’t leave your fate to overzealous prosecutors and luck. Protect yourself with strong legal defense.