Drug Possession

Heroin is a Schedule I drug, and is classified as a Controlled Dangerous Substance.

Penalties for possession are associated with the quantity of drugs found, but additional penalties may apply for possession in or near schools and other public facilities.

Possession of half an ounce or less of heroin is a Third Degree crime, carrying a sentence of 3 to 5 years in state prison, along with a maximum $35,000 fine.

You’ll also face a six month suspension of your driver’s license, though that’s the least of your worries.

If you are convicted of possession with intent to distribute as a Third Degree crime, the fine increases to $75,000.

If caught with more than half an ounce but less than five ounces of heroin, you will be charged with a Second Degree crime, with a sentence of between 5 and 10 years.

More than five ounces of heroin is a First Degree crime, and you’ll be facing 10-20 years in prison, with a fine of $500,000.

New Jersey takes drug prosecutions very seriously, and you need to take every measure to protect yourself going forward.

Call attorney Matthew Reisig at 732-625-9661 for a free consultation with an experienced New Jersey criminal defense attorney.

Probably not, but that doesn’t mean you’ll walk away with no penalties.

New Jersey law includes a provision known as a “presumption of non-incarceration for first time offenders” of fourth and third degree crimes, which most states refer to as felonies.

Possession of Controlled Dangerous Substances (CDS) is charged either as a disorderly persons offense, or a fourth or third degree crime.

This means that as a first offender, you are likely to be sentenced to a probationary term or other alternative sentencing program, assuming that negotiations weren’t able to reduce the charge even further.

In some cases, Drug Court and PTI are options for avoiding jail time or even avoiding a criminal conviction.

A skilled attorney can make the difference in your drug possession case in New Jersey.

Call 732-625-9661 today for a free consultation.

If you’ve been charged with possession of cocaine in New Jersey, you are facing a Third Degree offense in the state which can carry a sentence of three to five years in New Jersey State Prison, and a fine of up to $35,000.

Penalties are enhanced by various factors, including possession within 1,000 feet of a school.

If you are a repeat offender, penalties can be doubled.

New Jersey operates on a presumption of non-incarceration for first time offenders, so if you’ve avoided trouble with the police in the past, it’s likely that you’ll be eligible for alternative sentences that can keep you out of jail, but you’ll be supervised by the court and required to meet various conditions.

Possession of Cocaine, like most drug offenses in the state, is described in law as Possession of a Controlled Dangerous Substance (CDS), and is as a Schedule II drug, indicating that it is highly addictive, extremely likely to be abused, and has a very limited medical application.

Conviction on drug crimes in New Jersey is extremely serious. Beyond the fines and jail time, you’ll face a lifetime as a felon and see employment, housing, and other opportunities slip away.

Call 732-625-9661 and learn how you can protect yourself against even the most serious criminal charges.

New Jersey classifies marijuana as a “controlled dangerous substance,” and possession of marijuana does have legal consequences.

If you’ve been caught in possession of less than 50 grams of marijuana, you’ll be charged with a “disorderly persons offense,” with a penalty of up to six months in jail and a fine of up to $1000.

Because the crime involves a controlled dangerous substance, the state may also suspend your driver’s license for up to two years and impose additional fines and fees.

If you’ve been arrested for possession of more than 50 grams of marijuana, you’ll face a felony charge that can land you in state prison for up to 18 months and cost you $25,000 in fines.

New Jersey law makes no distinction beyond the 50 gram rule.

If you are in possession of 56 grams, or about two ounces of marijuana, you’ll face the same penalties as someone in possession of pounds or tons of the same drug.

If you’ve been arrested in possession of marijuana in New Jersey, get legal help right away.

Call attorney Matthew Reisig at 732-625-9661 for experienced criminal defense.

I have never been arrested before. I was searched at the scene. I am afraid of losing my job as a school teacher. What are my options?

You can most definitely lose your teaching job from drug charges.

It is a fact that a public school teacher will most likely lose this employment position if they are convicted of a crime or criminal offense. Obviously, there are exceptions to this general rule. The bottom line is that a school teacher cannot afford a conviction for possession of marijuana under 50 grams.

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There are may options for an individual charged with N.J.S.A. 2C:35-10(a)(4) in New Jersey. This statute makes illegal possession of marijuana under 50 grams. The jurisdiction of this offense is in municipal court and it is graded as a disorderly persons offense. The practical penalties are a fine of up to one thousand dollars, jail of up to 180 days, and a driver’s license suspension for six months to two years.

By definition, a person who has never been previously arrested has no criminal record. Therefore, a person charged possession of under 50 grams of marijuana is eligible for a conditional discharge, which is set forth at N.J.S.A. 2C:36A-1. All individuals who have no prior involvement with criminal justice are eligible to apply for a conditional discharge in such a circumstance. If the request for a conditional discharge is granted by the court, it will result in an unsupervised form of probation from six months to three years.

In the event that the person does not violate the terms of the conditional discharge period, the municipal court will dismiss the original possession of marijuana under 50 grams complaint. Also, the individual who satisfactorily completed the conditional discharge can then file a petition to expunge the fact of the conditional discharge after six months has passed from the completion of same.

A conditional discharge can be granted with or without a guilty plea. This is important. In most cases, the conditional discharge is granted by a municipal court without a guilty plea. However, the conditional discharge statute does permit the granting of a conditional discharge with a guilty plea. As state, this is a notable distinction. In the event that a defendant violates a conditional discharge without first having entering a guilty plea, his matter is merely returned to the docket of the municipal court for disposition.

In plain language, this means that the defendant’s case reverts to its prior status before the conditional discharge was granted. By contrast, a conditional discharge granted with a guilty plea that results in a violation allows the municipal court to merely impose sentence on the original drug charge. Consequently, it is important that the criminal defense attorney oppose a prosecutor’s or a court’s request for a guilty plea in connection with an application for a conditional discharge.

The driver’s license suspension of six months to two years pursuant to a conditional discharge can be waived by the municipal court judge. The statutory language states that the court must find “compelling circumstances warranting an exception.” The practical reality of most conditional discharge applications in New Jersey is that no defendant loses their driving privileges upon acceptance. There are very few exceptions to this general rule.

However, the actual question presented requires the criminal defense attorney to investigate all defenses to the drug charge before recommending that his client request a conditional discharge. In most cases, the defense to a drug charge is constitutionally based on Search and Seizure issues. The constitutional exceptions are set forth in the Fourth Amendment to the U.S. Constitution and Article 1, Paragraph 7 in New Jersey’s Constitution.

The diligent criminal defense attorney is going to look carefully at his client’s fact pattern to determine if there were Search and Seizure violations regarding the manner in which the police arrested the defendant. This cannot be emphasized enough. An individual charged with possession of marijuana under 50 grams can only receive a conditional discharge on one occasion. In every respect, it is the defendant’s ‘one free bite at the apple.’

Moreover, a person who receives a conditional discharge is not eligible for pre-trial intervention in a Superior Court criminal matter. To reiterate, an individual charge with a crime or criminal offense in New Jersey without a prior conviction can only receive one conditional discharge or pre-trial intervention. Not both. As a result, such an individual should only avail themselves of a conditional discharge if there are no viable defenses to the drug charge.

If you have been arrested for possession of marijuana, give attorney Matthew Reisig a call at 732-625-9661.