Ocean County Drug Possession Charge
Our lawyers appear throughout Ocean County every year on numerous drug possession charges, both in municipal courts and Ocean County Superior Court, and each of these cases has unique circumstances surrounding the arrest. Therefore, it is no surprise that each drug possession case has different penalties depending on the drugs confiscated, the amount of drugs, prior record, and the manner in which the drug were possessed by the defendant (proximity to schools, intent to distribute, etc). Under N.J.S.A. 2C:35-10, an individual can be charged with possession for any drug in which he has not legally obtained through medical prescription, including marijuana, hash, cocaine, crack, heroin, meth, oxycontin, methadone, opiates, unauthorized prescription drugs, steroids, and other controlled substances. If you have been charged or arrested for Drug Possession in Ocean County you could be facing charges in municipal court or Ocean County Superior Court. In either case, a drug defense lawyer from our Toms River office is ready to talk to you for free and provide you with a superior defense.
Simple Possession
Under N.J.S.A 2C: 35-10, you can be charged with criminal possession if you possess, actually or constructively, a controlled dangerous substance (“CDS”) without a valid doctor’s prescription. Possession of a Schedule I Drug (Heroin, Ecstasy, LSD, Opium), Schedule II Drug (Cocaine, Methamphetamine), Schedule III Drug (Steroids), or Schedule IV Drug (Xanax, Valium) is a third degree crime, punishable by up 5 years in jail and a fine of up to $35,000.00. Possession of a Schedule V Drug (codeine cough suppressant) without a valid prescription is a fourth degree crime, and you may face up 18 months of incarceration and a fine of up to $15,000.00. The penalties for Possession of Marijuana are based solely on the weight/quantity of the drug in your possession. For instance, possession of more than 50 grams of marijuana, or more than five grams of hashish is a crime of the fourth degree, punishable by up 18 months jail time and a fine of up to $25,000.00. If you are arrested for possession of less than 50 grams of marijuana, or less than 5 grams of hashish you will be charged with a disorderly person offense, and face up to 6 months in jail.
“Constructive Possession”
In order to completely comprehend New Jersey’s Drug Possession Law you need to understand the notion of “constructive possession” A person can be arrested for possessing a drug without ever even putting their hands on it. This is because under the law, you technically possessed the drug by having an intention to exercise physical control over. This is further reiterated in State v. Brown (1979), where the court held that physical or manual control of the substance is not necessary to establish liability so long as there is manifested intention to exercise control.
Heightened Penalties for Drug Possession
Depending on the circumstances of your arrest, the degree of the crime may be upgraded and penalties may be escalated. For instance, depending on the amount of drugs in your possession and the manner in which you are possessing them at the time of arrest you can be charged with Possession with Intent to Distribute. Under N.J.S.A. 2C: 35-5, you are guilty of Possession with Intent to Distribute if you knowingly or purposely possessed a controlled substance, “with intent to distribute or dispense it”. Again your intent can often be inferred from the quantity of narcotics in your possession at the time of arrest. Furthermore, if you are charged with Drug Possession in a School Zone you will be required to perform at least 100 hours of community service, in addition to any other penalties imposed by the court. A “school zone” is defined as being within 1,000 feet of school property, property used for school purposes even if you did not know you were.
Drug Possession Defenses
In a lot circumstances drug offenders are able to avoid incarceration and even a criminal record by handling their cases out of court though diversionary programs. One diversionary program called a Conditional Discharge, under N.J.S.A 2C:36A-1, allows a defendant charged with a petty disorderly person or disorderly person offense to have their case suspended for a year while they complete the program and once the year is done the charge is dismissed without a trial or criminal record. Another type of diversionary program called Pre-Trial Intervention (PTI), under N.J.S.A. 2C: 43-12, is for more serious offenses such as a third or fourth degree drug offense (first or second degree with the prosecutor’s permission). These types of programs are mostly available to low level first time drug offenders but an experienced criminal lawyer can sometimes the court to make an exception.
If you would like to speak with an experience criminal defense attorney about your Drug Possession arrest in Ocean County then contact our Toms River office at 1-877-450-8301 to schedule a meeting or receive a consultation over the phone. As always all initial conferences between you and our criminal attorneys is strictly confidential and free of charge.
