Middletown Drug Possession Attorney

Charged with Possessing CDS in Middletown NJ?

If you have been arrested on a drug charge in Middletown, New Jersey the Keith Oliver Criminal Law can help. Our office, which is located across the street from the Middletown Municipal Court at 18 Kings Highway, defends clients accused of all types of drug offenses, including the possession of marijuana, the distribution of heroin, the possession of cocaine with the intent to distribute, the possession of MDMA and prescription drug offenses as well. Drug offenses in New Jersey are often complex and involve a lot of moving pieces. For example, depending on the drug in question, a Defendant may be forced to defend their charges in the Monmouth County Superior Court, which is located in Freehold as opposed to the Middletown Municipal Court. Also, the drug in question will dictate whether a Defendant is facing a felony or a misdemeanor drug charge. Furthermore, based on the bail guidelines, a Defendant charged with certain drug offenses may end up being detained in the Monmouth County Jail, without bail, pending trial. However, before that can occur, the prosecution must file for and be successful at what is known as a Detention Hearing. So, as you can see from just reading above, their are a lot of moving pieces when it comes to drug charges in New Jersey. That is why we strongly recommend that you speak to an experienced Monmouth County criminal defense attorney as soon as possible about your options.

Looking to Consult with a Local Middletown Lawyer on a Drug Case

At Keith Oliver Criminal Law, our criminal defense attorneys have dedicated their entire careers to defending those accused of crimes like the possession of marijuana under 50 grams, the possession of drug paraphernalia, the possession of CDS in a motor vehicle, the possession of heroin with the intent to distribute, the possession of cocaine and the distribution of marijuana in courts throughout New Jersey, including the courts like the Middletown Municipal Court. We are well aware of what a drug conviction let alone a lengthy jail sentence can do to someone’s life. That is why we are dedicated to aggressively challenging the evidence presented against our clients in order to obtain a favorable outcome. If you would like to come into our Middletown Offices and speak to one of our attorneys face to face about your case then please contact us at 732.858.6959. As always, our initial consultations are free of costs. So if you have any questions whatsoever, please do not hesitate to contact us.

Possession of Marijuana Defense Attorneys in Middletown NJ

All marijuana possession charges will be governed by NJSA 2C:35-10a(3) or NJSA 2C:35-10a(4). If a Defendant is caught possessing more than 50 grams of marijuana then they will be charged with a violation of NJSA 2C:35-10a(3). This is considered a fourth degree felony offense in New Jersey. Therefore, the case will need to be transferred to the Monmouth County Superior Court in Freehold for disposition. Depending on the underlying facts, their is a possibility that the fourth degree charges could remanded back to the Middletown Municipal Court for disposition. If that is to occur, the felony charges will be downgraded to disorderly persons offenses. This could be a huge defeat in and of itself considering the fact that if a Defendant is convicted of a fourth degree marijuana possession felony, they will be facing an eighteen month prison sentence, a $15,000 fine, a felony drug record and a six (6) month loss of licenses. If the Defendant is charged with possessing less than 50 grams of marijuana then they will be charged with a violation of NJSA 2C:35-10a(4). This is a disorderly persons offense and as such, the charges will be litigated in the Middletown Municipal Court. If convicted of this charge, a Defendant will be facing up to six months in jail, a fine up to $1,000, a criminal record and up to a six month loss of licenses. Outside of a couple of catch all drug offenses, the possession of marijuana under 50 grams is the only misdemeanor level drug offense in New Jersey. Depending on a Defendant’s prior criminal history, they may be able to take advantage of the conditional discharge program. For more information on this program, please contact our Middletown office at 732.858.6959.

Possession of Heroin Lawyers in Middletown NJ

If you have been arrested for possessing heroin, cocaine, MDMA, LSD, Methamphetamine or Crack Cocaine in Middletown, New Jersey, you will be forced to defend those charges in the Monmouth County Superior Court, which is located at 71 Monument Street in Freehold. Regardless of whether you were caught possessing cocaine, heroin, MDMA or LDS, the governing statute in New Jersey for these types of offenses will be NJSA 2C:35-10a(1). Provided the amount in question is under 1/2 ounce, a Defendant will be facing a third degree felony. That is the cases even if it is simply a trace amount. With that being said, if the Defendant is caught possessing more than a couple grams, it is more likely than not that they will be facing possession of CDS with the intent to distribute charges as well. A Defendant charged with a third degree drug possession charge in Middletown will be facing a five year prison sentence, a $35,000 fine, a felony drug record and a six month loss of license. As you can see, these are very serious charges and if they are not handled properly, they could drastically cost someone their freedom. If you have any questions with regards to drug possession charges in New Jersey, please contact our office at 732.858.6959.

Penalties for a Drug Charges in Middletown NJ

Type of DrugPenalties
Marijuana Under 50 Grams
  • 6 Months in County Jail
  • 1,000 Fine
  • $500 Drug Enforcement and Demand Reduction Penalty
  • $75 Safe Neighborhood Penalty
  • $50 Victims of Violent Crimes Penalty
  • $50 Lab Fee
  • $30 Law Enforcement Organization Penalty
  • Criminal Record
  • 6 Month Loss of License
Marijuana Over 50 Grams
  • 18  Months in Prison
  • 15,000 Fine
  • $750 Drug Enforcement and Demand Reduction Penalty
  • $75 Safe Neighborhood Penalty
  • $50 Victims of Violent Crimes Penalty
  • $50 Lab Fee
  • $30 Law Enforcement Organization Penalty
  • Felony Criminal Record
  • 6 Month Loss of License
Heroin / Cocaine / MDMA
  • 5 Years in Prison
  • 35,000 Fine
  • $1,000 Drug Enforcement and Demand Reduction Penalty
  • $75 Safe Neighborhood Penalty
  • $50 Victims of Violent Crimes Penalty
  • $50 Lab Fee
  • $30 Law Enforcement Organization Penalty
  • Felony Criminal Record
  • Month Loss of License

 

Ways to Defend a Drug Charge in New Jersey

At Keith Oliver Criminal Law, when it comes to defending our clients we make sure that no stone is left unturned. When it comes to drug possession charges, we will seek to attack the case from every possible angle. Here is just a few of the key areas that we look to exploit if feasible:

  • The Probable Cause for the Motor Vehicle Stop
  • The Probable Cause for the Search
    • Was Consent Given? By who?
  • The Probable Cause Seizure
  • Where Miranda Rights given
  • Where were the Drugs found
    • Constructive Possession
    • Actual Possession
    • Joint Possession
  • The validity of the Lab Reports

Are all Drug Offenses Considered a Felony in NJ?

Although not all drug charges are considered indictable offenses (felony) in New Jersey, the vast majority of them are. All heroin, cocaine, MDMA, LSD, Crystal Meth, Ecstasy and Mushroom cases are classified as indictable offenses, regardless of the quantity possessed. The only disorderly persons offenses (misdemeanor) classified drug offenses in New Jersey is the possession of drug paraphernalia, failure to turn over a controlled dangerous substance, loitering for the purposes of obtaining a controlled dangerous substance and less than four dosages of prescription legend drugs. As you can see, unlike most other states New Jersey takes drug possession cases very seriously. It is important to note, all drug distribution cases will be classified as indictable offenses.

Why Do I Have to Appear in the Monmouth County Superior Court for a Drug Case out of Middletown?

All indictable drug related charges that derive from an incident in Middletown, must be transferred from the Middletown Municipal Court to the Monmouth County Superior Court. In other words, the Monmouth County Superior Court has original jurisdiction over all felony drug offenses that occur with the County. Conversely, all disorderly persons offense drug charges that occur within Middletown’s borders must be heard in Middletown Municipal Court.

Need to Speak to a Lawyer about a Drug Case in Middletown

Being charged with a drug offense like the possession of marijuana, the possession of crack cocaine, the possession of crystal meth with the intent to distribute can be nerve wracking. However, at Keith Oliver Criminal Law, we feel that hiring the right criminal defense attorney can go a long way to alleviating a lot of the stress and pressure that most feel. If you would like to set up a free initial consultation with Mr. Oliver or one of the other members of Keith Oliver Criminal Law then please contact us at 732.858.6959. We fully understand that these types of offense can occur at all hours of the day, as such we try to make ourselves available around the clock to try and help in anyway that we can. So, if you have any questions whatsoever, please do not hesitate to contact us.