New Jersey drug laws are strict. The law has a detailed definition of what counts as “possession,” and penalties can range from fines to time in state prison. Even simple possession under N.J.S.A. 2C:35-10a(1) can leave you with a permanent criminal record that impacts every aspect of your life.
If you were accused of possession, the state has to prove very specific elements to secure a conviction. Understanding the law and the defenses available is the first step you can take toward protecting your future.
Keith Oliver Criminal Law has represented clients across the state in drug cases ranging from minor possession to serious distribution charges. Our attorneys know how to challenge the prosecution’s case, and we’re ready to help protect your rights. Call us today to discuss your case with an NJ drug possession defense attorney.
Understanding N.J.S.A. 2C:35-10a(1)
N.J.S.A. 2C:35-10a(1) addresses possession of controlled dangerous substances (CDS). Under this law, it is unlawful to “knowingly or purposely” possess a controlled substance unless you have a valid prescription or are otherwise authorized by law. For example:
- Schedule I–IV substances include drugs such as heroin, cocaine, MDMA (ecstasy), and methamphetamine, and prescription medications like oxycodone and Xanax are illegal if you possess them without a valid prescription.
- The law does not require the drug to be found on your person. “Constructive possession” applies when drugs are found in a place over which you had control, such as a car, home, or even a shared space.
- Marijuana possession was originally charged under this statute. However, New Jersey has legalized recreational marijuana for adults 21 and over. Now, possession of regulated amounts is no longer a crime, but unlawful possession outside legal limits (six ounces of marijuana or 17 grams of hashish) can still lead to charges.
The law is clear: if you did not have a prescription or lawful authorization, possession of even a small amount is a crime.
Penalties and Consequences of Simple Possession
The penalties for violating the simple possession law vary depending on the type and amount of drug involved. New Jersey treats possession as a third-degree indictable offense (a felony) in most cases.
The punishments are severe. Possession of heroin, cocaine, MDMA, methamphetamine, or unauthorized prescription drugs carries three to five years in New Jersey state prison and fines of up to $35,000.
A conviction can also result in a mandatory driver’s license suspension. These usually last anywhere from six months to two years, although courts may waive this particular punishment. First-time offenders may also be eligible for probation or diversionary programs, such as Pretrial Intervention (PTI). These programs are an opportunity to avoid a permanent criminal record by addressing substance abuse issues.
Beyond statutory penalties, the collateral consequences of a conviction can follow you for years to come. Your criminal record will create difficulties in securing employment, professional licenses or certifications, and housing. Non-citizens are likely to face immigration-related consequences. Even if you never serve jail time, the record itself can carry significant and long-term repercussions. This is why it’s so important to work with an experienced defense attorney.
How Prosecutors Prove Possession
To convict someone for simple possession, the prosecution must prove several elements beyond a reasonable doubt:
- The Drug Was a Controlled Dangerous Substance (CDS) – Laboratory testing must confirm that the substance seized is, in fact, a drug covered under New Jersey drug possession laws.
- You Knowingly or Purposely Possessed the Substance – This means you were aware of the presence of the drug and had control over it.
- Possession Was Actual or Constructive – Actual possession means the drugs were found on your person, like in a pocket. Constructive possession means the drugs weren’t on you, but you had knowledge and the ability to control their location. For example, drugs found in your car’s glove compartment would be constructive possession.
Evidence prosecutors often use includes:
- Police testimony about the search or arrest
- Physical evidence, including how and where the drugs were found
- Lab reports confirming the substance type and weight
- Statements from you or others at the scene
Legal Defenses to N.J.S.A. 2C:35-10a(1) Charges
Every case is different, and just because you’re charged under the simple possession law doesn’t automatically mean you will be convicted. There are several defenses an experienced NJ drug possession defense attorney may use in your case:
- Illegal Search and Seizure – If police obtained evidence without a valid warrant or probable cause, it could be in violation of the Fourth Amendment.
- Lack of Knowledge – The state must prove you knew the drugs were present. If the drugs were found in a shared space, it’s more difficult to prove.
- Chain of Custody Problems – Prosecutors must prove that the seized substance is the same one tested by the lab and presented in court. If there are any breaks in the chain of custody, that can weaken the case.
- Valid Prescription – If you had a legitimate prescription for the medication, simple possession charges may not apply at all.
The skilled drug crime defense attorneys at Keith Oliver Criminal Law evaluate every angle to reduce or dismiss charges whenever possible.
Why Choose Our NJ Drug Possession Defense Attorneys?
Keith Oliver Criminal Law focuses on criminal defense in New Jersey. We’ve represented clients facing countless drug-related charges, including simple possession under N.J.S.A. 2C:35-10a(1). Most importantly, we understand how prosecutors build their cases, and we use that insight to dismantle their narrative and defend your rights.
When you work with our firm, you get personalized attention from an experienced drug crime defense lawyer. We take the time to explain all the available options so you can make informed decisions at every stage of your case. We also pride ourselves on offering aggressive advocacy, always pushing for the most favorable outcome possible.
Our attorneys have extensive local experience in courts across Monmouth, Somerset, and Mercer Counties. This helps us anticipate how local prosecutors and judges approach drug possession cases and tailor our strategies accordingly. Over the years, we have achieved dismissals, reduced charges, and acceptance into diversionary programs for clients facing possession charges.
Contact Our Firm Today to Learn More
You deserve a defense attorney who takes your case as seriously as you do. Contact Keith Oliver Criminal Law today to speak directly with an NJ drug possession defense attorney who can review your case and explain your legal options.
