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What are the penalties for cocaine possession in New Jersey?

March 21, 2024 Uncategorized

 

Penalties for Cocaine Possession in New Jersey

Cocaine possession charges in New Jersey are no joke — the penalties can be pretty harsh even for small amounts. But it really depends on your specific situation. Let’s break it down so you understand what you might be facing if charged with cocaine possession in NJ.

Cocaine is a Controlled Dangerous Substance

First thing’s first: under New Jersey law, cocaine is classified as a “controlled dangerous substance” (CDS). This means it’s totally illegal to have it at all[3]. Even just a tiny bit can get you in big trouble if the cops find it on you.

Possession of Any Amount is a Felony

Here’s the kicker — possession of any amount of cocaine is considered a third-degree felony in NJ[2][3]. That’s right… a little baggie in your pocket or traces on a dollar bill means you’re looking at felony charges. Harsh, I know.

Penalties Based on Weight

The exact penalty depends on how much coke you had[1][4]:

  • Less than 0.5 oz – Up to 5 years in prison and $35,000 fine
  • 0.5 oz to 5 oz – Up to 10 years in prison and $150,000 fine
  • 5 oz or more – Up to 20 years in prison and $300,000 fine

As you can see, the more you have on you, the worse it gets. But like I said before, even a small amount can land you a felony charge.

Other Factors

Aside from weight, where you were caught with the drugs and what you intended to do with them also matters[4]. For example:

  • Possession near a school zone means harsher penalties
  • Intent to distribute or sell leads to worse charges

First Time Offenders May Get a Break

Now for a tiny bit of good news. First-time offenders sometimes get a break in NJ. You may be able to get into a diversion program instead of jail time[2]. An experienced criminal defense lawyer can help negotiate this for you.

Defenses That Can Help

There are also some defenses that a good lawyer may use to fight the charges[6]:

  • Illegal search – If the cops didn’t have probable cause to search you
  • Entrapment – If you were tricked into committing the crime
  • Misidentification – If the drugs belonged to someone else

A solid defense can sometimes get the charges reduced or even dismissed. So don’t just plead guilty without talking to a lawyer!

Bottom Line

Cocaine possession is a big deal in NJ, even for small amounts. You need an experienced criminal defense attorney on your side to try to minimize penalties. The costs of a conviction follow you for life — loss of rights, jail time, criminal record. Don’t go it alone. Call a lawyer to understand your options and start building your defense strategy.

I know this is scary, but thousands get through it every year. You can too. Stay positive and focus on taking steps in the right direction.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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