The Penalties for Possessing Cocaine in New Jersey

The Penalties for Possessing Cocaine in New Jersey

So you or someone you care about got busted with some coke in New Jersey? That totally sucks. Getting arrested is scary enough, but facing drug charges in a state with some of the strictest drug laws in the country is downright terrifying.

But don’t panic! There’s still hope. With the right legal strategy and a good lawyer on your side, you may be able to avoid jail time or get the charges reduced or even dismissed. This article will break down the penalties for cocaine possession in NJ, potential defenses, and what to expect if convicted.

The Basics of Cocaine Possession Charges in NJ

Under New Jersey law, cocaine is classified as a Schedule II controlled dangerous substance. That means it’s considered highly addictive with some accepted medical uses (like as a local anesthetic).

Simple possession of any amount of cocaine is chargeable as a third-degree crime. That carries penalties of:

• 3-5 years in state prison
• Up to $35,000 in fines
• 6 month to 2 year driver’s license suspension.

The amount you’re caught with doesn’t change the criminal charge. Having a tiny amount or having kilos of coke both count as third-degree possession.

But larger amounts can trigger additional charges like intent to distribute. More on that later.

If it’s your first drug offense, the judge has discretion to sentence you to probation instead of jail. But any cocaine conviction stays on your record permanantly.

Penalties Get Worse for Repeat Offenders

Under New Jersey’s Comprehensive Drug Reform Act, penalties get a lot harsher if it’s not your first rodeo.

For a second or subsequent conviction, cocaine possession jumps up to a second-degree felony. Now your looking at:

• 5-10 years in prison
• Up to $150,000 in fines
• 1-2 year driver’s license suspension.

See the pattern here? The more prior drug convictions you have, the worse the penalties get.

Let’s say you get busted a third time with some coke. Now it’s punishable by 3-5 years behind bars and up to $25,000 in fines. That’s on top of the criminal record that keeps piling up.

Even Small Amounts Can Trigger “Intent to Distribute”

Here’s where things get really serious. If cops think your holding cocaine not just for personal use but to sell or share, you’ll also face charges for possession with intent to distribute.

In New Jersey, anything more than 5 ounces of coke is automatically assumed to be for distribution. But even amounts as small as a few grams can get you charged if there’s other evidence like:

• You have baggies, scales, or other distribution paraphernalia
• Large amounts of cash on you
• Texts or witness statements suggesting sales
• Prior distribution convictions

Just one gram of coke with some baggies could mean an intent to distribute charge. And that’s bad news.

Intent to distribute less than 5 ounces of cocaine jumps the crime up to a second-degree felony. The penalties if convicted include:

• 5-10 years in prison
• Up to $150,000 in fines
• 1-2 year driver’s license suspension

See how the stakes go up fast? Let’s keep going.

For 5-10 ounces of coke, it becomes a first-degree crime with:

• 10-20 years behind bars
• Up to $300,000 in fines
• 1-2 year license suspension

Over 10 ounces is also first-degree, but now we’re talking:

• 15-30 years in prison
• Up to $500,000 in fines

Think about those numbers…decades in prison and fines close to a million dollars. Not good.

Defenses Against Cocaine Possession Charges

Facing years behind bars and huge fines for cocaine possession or distribution charges is terrifying. But with an experienced criminal defense lawyer, you may be able to get the charges reduced or dismissed.

Here are some of the most common defenses against cocaine charges:

Illegal Search – If the police didn’t have probable cause or a warrant to search you, the cocaine evidence could get thrown out. Any evidence found in an illegal search cannot be used against you.

Improper Testing – Faulty lab procedures could cast doubt on whether the substance was really cocaine. Sloppy handling of evidence could also weaken the prosecution’s case.

No Proof of Possession – If the drugs weren’t found directly on you, the prosecution has to prove constructive possession. That you knew about them and intended to control them. Lack of hard evidence it was yours could beat the charges.

Entrapment – If an undercover cop pressured you into procuring drugs, that may constitute entrapment. A valid defense against possession charges.

Personal Use – Even if caught with scales or baggies, you may be able to show it was just for personal use, not distribution. This at least takes the intent to distribute charges off the table.

What Happens If Convicted of Cocaine Possession?

If convicted of cocaine possession or distribution charges, here’s a quick rundown of what you can expect:

– Jail/Prison Time – The minimum sentences are years for even simple possession charges. Probation is possible for first offenses, but don’t count on it.

– Fines – Expect to pay thousands in fines on top of court fees and probation costs. Large distribution amounts can lead to massive six-figure fines.

– License Suspension – A driver’s license suspension of 6 months to 2 years is standard for any cocaine conviction.

– Drug Counseling – Expect mandatory drug abuse counseling or treatment programs as part of probation or parole.

– Random Drug Testing – Frequent random testing is common for anyone convicted of drug possession. Fail a test and you’re looking at probation violation charges too.

– Employment Issues – Good luck passing a background check with a cocaine conviction. Many employers won’t hire anyone with a drug record.

– Loss of Rights – Drug felonies mean no more gun ownership, voting restrictions, disqualification from public housing and government aid programs, etc.

As you can see, even a single cocaine conviction can derail your life and freedom for years. But an experienced lawyer may be able to negotiate reduced charges or diversion programs to minimize the damage. Don’t wait to get help.

Finding the Right Lawyer Can Make All the Difference

As you can see, New Jersey doesn’t mess around when it comes to cocaine charges. Even small amounts can lead to years behind bars.

But an aggressive criminal defense lawyer knows how to attack the prosecution’s case, raise doubt, get charges reduced or dismissed, and fight for the best possible outcome. Don’t leave your fate to chance.

The costs of legal representation are nothing compared to the massive fines and lost years of your life from a cocaine conviction. Do your research to find an attorney experienced in NJ drug defense with a proven record of success.

And don’t wait! The earlier in the process you get a lawyer involved, the better your chances of a positive resolution. Don’t go it alone against the power of the state. Get experienced legal help on your side today.

With the right legal strategy, there are always options. Even in strict “zero tolerance” states like New Jersey. Don’t lose hope! The future is still bright if you take action now to protect your rights, freedom and future. You’ve got this!

NJ Laws – NJ Drug Possession Penalties

FindLaw – NJ Cocaine Laws

NJ Cocaine Possession Laws – Shouse Law Group

NJ Drug Distribution Laws – Avvo

NJ Drug Distribution Charges – NJ Drug Possession