Drug Laws

Experienced Possession Of Controlled Dangerous Substance Defense Lawyer In New Jersey

New Jersey describes drugs as “Controlled Dangerous Substances” (CDS), but it doesn’t treat all Possession of Controlled Dangerous Substance (N.J.S.A. 2C:35-10) charges equally.

Depending on the type of drug, the quantity of drug, and the circumstances of the arrest, you may be charged with a Disorderly Person offense, or an indictable crime of the Fourth Degree or Third Degree.

In general, the statute breaks down penalties this way:

• Disorderly Person Offenses: You can be charged as a Disorderly Person if you are arrested or ticketed for being under the influence of a controlled dangerous substance or its analog, except as lawfully prescribed by a physician. Possession of Marijuana under 50 grams, and of Hashish under 5 grams, is also a Disorderly Person offense. Conviction can result in a six month jail sentence and fines up to $1000.
• Fourth Degree Crime: You can be charged with a Fourth Degree Crime under N.J.S.A. 2C:35-10 if you are found in possession of Marijuana in an amount over 50 grams, or Hashish over 5 grams, or if you are caught in possession of Schedule V controlled dangerous substances. Conviction on Fourth Degree Possession of CDS charges can result in an 18 month sentence.
• Third Degree Crime: Possession of drugs scheduled as I, II, III, or IV will be prosecuted as Third Degree crimes, and conviction can result in a 3-5 year sentence.

It is vital that you work with an experienced New Jersey possession of controlled dangerous substance attorney any time you’re facing drug charges.

Matthew Reisig has successfully defended clients throughout New Jersey who were facing prosecution under 2C:35-10.

If you or a loved one are facing possession of controlled dangerous substance charges, call 732-625-9661 today for a free consultation.

Yes, you can be charged with possession of a Controlled Dangerous Substance (CDS) in a motor vehicle even if you did not have the drugs in question on your person.

Odds are that if the police find drugs on a passenger in your car, the presumption will be that you were aware of the drugs and were therefore knowingly transporting them and in a state of “constructive possession” of them.

This doesn’t mean you’ll be convicted. There are many defenses to drug charges, from questioning the legality of the traffic stop, to the search itself, to whether you knew that your friend was in possession of drugs.

Attorney Matthew Reisig knows how to protect his clients’ rights and help them get the best possible outcome against drug charges in New Jersey.

Call 732-625-9661 today and talk to a lawyer for free.

New Jersey Drug Court is a section of the Superior Court of New Jersey that is focused on providing a collaborative, treatment-based approach to non-violent drug and alcohol offenses.

While most courts involve a judge, jury, and two legal teams, Drug Court looks at a bigger picture and includes representation from groups like substance abuse treatment providers, social service agencies, and non-profit organizations that provide relevant services.

Drug Courts are designed to help offenders address the underlying causes that got them in trouble in the first place.

In the Drug Court framework, outcomes for defendants may be much more favorable than in a traditional court setting, especially when represented by an experienced criminal defense attorney.

If your case is working through New Jersey’s Drug Court, call attorney Matthew Reisig at 732-625-9661 today for a free consultation.

Yes, using or possessing another person’s prescription medication is illegal in New Jersey.

Penalties vary based on the quantity of pills in your possession, the type of drug, and what police believe your ultimate intent was with the medication.

If they believe you intended to sell a bottle full of a narcotic pain reliever, you’ll face a much harsher sentence than if you ingested a friend’s Adderall while studying for a test.

Illegal possession of fewer than five pills of prescribed medications is a disorderly persons offense in New Jersey, while five pills and higher is a Fourth Degree Crime subject to 18 months in prison and a $10,000 fine.

Don’t risk your future by trying to play nice with the prosecution and hoping for the best.

Attorney Matthew Reisig knows how to fight back against prescription drug charges. Call 732-625-9661 today.

Yes, it is illegal to possess drug paraphernalia even if you don’t have any drugs in your possession.

Though it’s classified as a disorderly persons offense, possession of drug paraphernalia still subjects you to a number of punishments, including suspension of your driver’s license, a fine of $1000, various other fees and assessments, and potentially a six month jail sentence.

There are defenses when you’re charged with possession of paraphernalia, and there are strategies to mitigate your legal exposure even if a court fight isn’t in your best interest.

From conditional discharges to negotiated pleas for a non-drug charge, you should understand all of your options in any criminal matter.

Matthew Reisig is an experienced criminal defense attorney who protects his clients. Call 732-625-9661 today to talk a lawyer for free.

Yes, in many cases, first offenses in drug crimes, including possession charges for most controlled dangerous substances, carry a presumption of non-incarceration.

Rather than sentence you to jail or prison, the prosecutor and the judge will typically agree to alternate penalties, such as a Pre-Trial Intervention program (PTI).

PTI agreements will put your case on hold while you meet various obligations, which may include attending rehab, submitting to random drug tests, and similar activities.

After the term of the PTI, if you have successfully met the requirements, your case will be dismissed.

PTI is usually a one-year intervention, with the goal of redirecting offenders toward less risky behavior in the future.

If you have been charged with possession of a controlled dangerous substance, you should know all of your options.

While PTI and other alternative sentencing is certainly available, in many cases it is possible to plead your case down to a disorderly persons offense and avoid the criminal justice process entirely.

Call Matthew Reisig at 732-625-9661 today to learn how to fight drug charges in New Jersey and achieve the most favorable outcome possible.