Drug Possession Attorneys in Essex County.

If you’re charged with possessing drugs in Essex County, New Jersey, your case will usually end up in the Superior Court, at the Veterans Courthouse in Newark, because that’s where felonies or indictable cases are heard. You have the right to a lawyer in this situation. Most criminal convictions follow you for life, and limit where you can work, where you can live, and whether you will be allowed to keep a professional license. A good criminal defense attorney might be able to get a first offender into a diversion program like Pretrial Intervention, so you can get out of the situation and keep your record clean.

The criminal code section and the drugs you were found with will determine whether your case is indictable and will be heard in Superior Court, or is a misdemeanor, called a Disorderly Persons offense. Many marijuana charges were decriminalized in 2021, and you can’t get into trouble for possession of under 6 ounces of marijuana. If you have hashish, that is only a crime if you have more than 17 grams, and then it is a fourth-degree crime.

First Offender Program for Drug Possession

Conditional Discharge is for Disorderly Persons drug cases. The court is allowed to give you a conditional discharge under 2C:36A-1, which is a first offender program for drug possession. To apply, you have to pay a $75 fee, and you can only do that program once.

Pretrial Intervention (PTI) is another option if your case is indictable. In PTI, if the judge and the prosecutor agree, you sign up for a period of supervision, sometimes including drug or alcohol treatment, and if you meet all the conditions, the charges are dismissed. There is no conviction. You are allowed to ask for an expungement of the arrest as soon as six months after you are done.

You can apply for PTI by filling out an application form and submitting it to the Prosecutor’s Office at the Superior Court in the Veterans Courthouse in Newark. The Prosecutor’s Office makes the final decision about whether you will be allowed to do PTI.

You have to be over 18 when charged with your fourth-degree or third-degree crime, to get PTI. You can’t have had it before. You get one shot. And you have to be low-risk, nonviolent, and not be likely to go back and do it again.

Even if you meet all the formal requirements, the prosecutor still has to agree to let you in. The prosecutor also considers the nature of the offense. The prosecutor evaluates your intent, any unusual circumstances, your age, your mental state, and whether the victim wants the prosecution to go forward. If you are turned down, the prosecutor has to tell you in writing, and denial can be appealed to a Superior Court judge.

To get out of PTI, you must meet all the conditions of your supervision by the judge. You have to report to a probation officer, you may have to attend community service or treatment programs, and pay restitution for any damages from the crime, and pay fines and fees. The length of the program may be one year to three years, depending on the charges. You have to pay $75 to apply for the PTI program. You can ask the court to waive it if you cannot afford it.

Once you are admitted to a PTI program, be sure to follow the rules. If you miss meetings with your probation officer, fail a drug test, miss any of the requirements, you may be kicked out and will face prosecution on the original charges. If you are removed, it is almost impossible to be accepted again in that program. If your situation changes, the first thing you should do is contact your probation officer, or your attorney, who can advise you on how to handle a situation that could cause you to be removed from PTI.

Recovery Court is another option. It is for people with addiction. The treatment part may last for one or two years. The court will not expunge your record until after the program is completed, and there is no guarantee that you will receive an expungement at the end.

Ask for a Public Defender

If you have an indictable charge, you can ask for a public defender for your trial in Superior Court. You must apply for a public defender by using the Uniform Defendant Intake form 5A, and you must give it to the court, not the public defender. The judge must decide if you qualify financially.

Having the Right Attorney

An attorney knows what a judge or prosecutor is looking for, and what is likely to get you into the PTI program. In the application process, you want someone who knows the paperwork, the requirements, and can present you favorably to the prosecutor. Having the right attorney may make the difference between acceptance or rejection. Knowing what works is critical. You get one chance at this, and you should make it count. Your attorney can also ask the court to tailor the program to your situation. Look for a lawyer who is certified as a criminal trial attorney. That means they passed a written examination, had 5 years experience in good standing, among other requirements.