Drug possession charges in New Jersey can lead to incarceration, steep fines, license suspension, and additional penalties. In fact, the consequences of a drug possession conviction can follow you for the rest of your life, especially if you face felony drug possession charges. This makes it crucial to engage an experienced NJ drug possession defense attorney as soon as possible once you have been arrested or indicted on drug possession charges.
If you face drug possession charges, the NJ drug crimes lawyers at Keith Oliver Criminal Law are here to protect your rights. Our defense attorneys have successfully fought thousands of drug possession charges in courts throughout New Jersey, and we can establish a defense strategy that leads to the best available outcome for you, too.
New Jersey courts favor rehabilitation over punishment for nonviolent crimes. In many cases, if we cannot get drug possession charges dropped, we can work to get our clients into a diversion program and/or treatment. We may even be able to get drug possession charges removed from your record eventually. We can also help if you face federal drug possession charges, which can lead to harsher penalties.
Want to know how to get drug possession charges dropped? Contact us today to discuss the details of your case and possible defenses in a free and confidential consultation.
Understanding Drug Possession Charges
New Jersey drug possession laws apply to Schedule I, II, III, IV or V controlled dangerous substances (CDSs), including heroin, crystal meth, cocaine, LSD, fentanyl, ketamine, MDMA (“ecstasy” or “Molly”), psilocybin mushroom, bath salts, etc. NJ drug possession laws also apply to counterfeit versions of drugs defined as CDSs and their “analogs,” or closely matching substitutes.
Possession of a CDS in New Jersey is typically a third-degree indictable offense, known as a “felony” in other jurisdictions. It is punishable by 3 to 5 years in prison, up to $35,000 in fines, and a $1,000 Drug Enforcement and Demand Reduction (DEDR) payment, plus mandatory drug counseling.
Possession of a Schedule V controlled dangerous substance, such as prescription drugs with low doses of codeine, dihydrocodeine, opium, etc., is a fourth-degree offense, punishable by up to 18 months in prison, a fine of up to $15,000, and a $1,000 DEDR payment, as well as drug counseling.
Possession of more than six ounces of marijuana is also a fourth-degree offense, punishable by up to 18 months in prison and a fine of up to $15,000. Possession of six ounces of marijuana or less by an adult is no longer a crime in New Jersey.
Additionally, if illegal drugs are found in your vehicle, your driver’s license may be revoked.
Penalties may be doubled for a second or subsequent drug possession offense. Penalties are also more severe, even on a first offense, if you are charged with drug possession in a:
- School zone or school bus
- Public housing project
- Public park.
We are often asked: “Can you be charged for drugs without possession?” This refers to New Jersey law’s recognition of “constructive possession,” or an individual’s ability to exercise control over drugs that are not specifically in their possession. This means you could be charged with possession of drugs found in your car or home because police say you had control of them there.
Immediate Consequences of Drug Possession Charges in New Jersey
Suppose you are arrested on suspicion of drug possession. In that case, you will be detained at a local police station or county jail pending a risk assessment hearing and a first appearance arraignment (being officially charged). New Jersey has done away with bail and instead decides whether a defendant should be detained or released based on the risk of them:
- Failing to appear in court
- Posing a danger to the community
- Obstructing the criminal justice process.
In most cases, a drug possession defendant will be released, but the judge may impose certain conditions on release, such as drug testing, electronic monitoring, or restrictions on travel as they await a court appearance.
If the judge finds that the defendant poses a significant risk and no conditions of release can mitigate that risk, they may order the defendant detained pending trial.
If held, you have the right to a first appearance within 72 hours (excluding holidays). If you are released, your first appearance is to occur “without unnecessary delay.”
At a first appearance, a defendant is advised of their right to legal counsel. If the defendant states that they cannot afford a lawyer, the Criminal Division staff will conduct an indigence investigation to determine whether to assign them a public defender.
Regardless of your financial status, you need competent legal representation if you have been charged with drug possession in New Jersey. At Keith Oliver Criminal Law, an initial legal consultation is always free. We can advise you on what to expect, given the charges you face, and provide an initial assessment of how we would defend you.
Key Defense Strategies Against NJ Drug Possession Charges
Once engaged to represent you, your defense attorney from Keith Oliver Criminal Law will investigate the circumstances of your arrest or indictment to determine how best to fight the charges you face. Each case is different, and there are countless possibilities for challenging drug possession charges.
Among the most common strategies for contesting drug possession charges are:
- Illegal Search, Seizure, and/or Arrest – Did police have probable cause to stop and search you or your motor vehicle? Were you arrested because of racial, ethnic, socio-economic, or other bias (i.e., “profiling”)? Did you make incriminating statements because you were not read your Miranda rights? If we cannot get the entire arrest thrown out because of police misconduct, we may be able to have evidence obtained during your arrest ruled inadmissible in court.
- Substance Misidentification – Can the prosecution verify that the substances allegedly found in your possession are controlled dangerous substances as defined by New Jersey law? Depending on where, when, and by whom they are done, we can sometimes challenge the drug tests and/or the equipment used to identify the substances presented as evidence against you.
- Lack of Possession or Knowledge – The prosecution must show that you knew that the illegal drugs existed where they were found to prove that you intentionally possessed them. If they were not found on your body, the state must be able to prove your awareness of the drugs’ existence and your control over them. There may be evidence indicating that the drugs belonged to someone else.
- Chain-of-Custody Issues – Once police take control of illicit drugs, the state is responsible for properly handling, identifying, documenting, and storing them as evidence until they are presented in court. Any inconsistency between what’s seized and reflected in charges and what’s presented as evidence indicates a break in the chain of custody. This creates a reasonable doubt about the integrity of the state’s evidence and their case as a whole.
- Entrapment or Coercion – “Entrapment” means law enforcement officers or the government induced or manipulated the defendant to commit a crime they would not have committed on their own. “Coercion” means law enforcement or the government threatened the defendant to force them to act illegally. Often, an entrapment defense demonstrates that the government provided an opportunity to commit the crime and pressured the defendant to act unlawfully.
We will review and question every aspect of the prosecution’s case against you. Remember, you are to be presumed innocent unless the prosecution can prove your guilt in court beyond a reasonable doubt. Drug possession cases are dropped every day in New Jersey without going to court.
First Offender Programs and Options
The New Jersey court system offers two diversion programs for nonviolent first-time offenders interested in drug rehabilitation. If we cannot get charges against you dismissed and this is your first offense, we may be able to negotiate your enrollment in:
- Pretrial Intervention (PTI) – Participants may be directed to psychological and/or drug and alcohol evaluations, required to complete a rehabilitation program, and undergo random urine tests. After the defendant successfully completes all conditions of PTI over one to three years, the original charges are dismissed.
- Drug Court – This is a specialized intensive supervision probation program. Participants must agree to frequent drug testing and court appearances, and must complete a treatment program and maintain their recovery through 12-step programs. Drug Court participants can also obtain counseling, job training, education,, and healthcare assistance.
A third program is a Veterans’ Diversion Program. This is available for active and retired armed services members accused of nonviolent crimes who have been diagnosed with mental illness, or who law enforcement, family members, or friends say have exhibited symptoms of mental illness. Diversion allows them to avoid trial and have charges expunged from their records upon successful completion of the program.
Our drug possession defense attorneys will work to obtain the best available outcome for you if you face drug possession charges in New Jersey. We have a track record of dismissed drug offense charges and can work to reach a favorable outcome for you.
Contact Our NJ Drug Possession Defense Attorneys for Help
If you have been charged with drug possession in New Jersey, the experienced lawyers at Keith Oliver Criminal Law can provide you with the robust legal defense that is your right under the U.S. Constitution. Our attorneys understand how to fight a drug possession charge. We aggressively and zealously advocate on our clients’ behalf to protect them from the harsh punishment allowed under New Jersey drug laws.
Upon arrest or indictment for drug possession, drug paraphernalia possession, or drug trafficking in New Jersey, you should politely refuse to answer law enforcement questions and ask to speak to an attorney. Then, contact us at your first opportunity. We can secure your release if you are being held and provide you with a free, no-obligation legal consultation with a skilled criminal defense attorney about the charges you face.
