Robbinsville NJ Drug Possession Lawyer
A large percentage of the arrests in Robbinsville NJ are related to possession or use of a controlled dangerous substance (“cds”), commonly referred to as “drugs”. The law in New Jersey categorizes drug violations in terms of severity based on the type of cds, quantity and purpose for possession (e.g. personal use or distribution). Irrespective, possession of almost any drug beyond 50 grams or less of marijuana, is a felony criminal offense that carries serious penalties. If you have been charged with possession of cocaine, MDMA, LSD, a prescription legend drug, heroin or almost any other form of cds in Robbinsville, you are probably looking at the possibility of a term of imprisonment and other penalties. To make matter worse, plea bargaining is outlawed in a drug possession case thereby making it that much more pivotal to be represented by a qualified defense attorney.
The attorneys at the Law Offices of Jonathan F. Marshall handle a large number of drug possession charges in Mercer County each year. With over 100 years of combined experience, our criminal defense lawyers have extensive experience defending possession of 50 grams or less of marijuana offenses in Robbinsville Municipal Court and cases involving more serious forms of cds at the Mercer County Superior Court. An attorney who not only appreciates the seriousness of your charge but also the best strategy for averting a conviction is ready to discuss how we can help you in detail. To speak to a lawyer on our team in a free consultation, call 609–683–8102.CDS Possession Offense in Robbinsville Township New Jersey
Under N.J.S.A. 2c:35-10, possession of drugs is criminal offense in Robbinsville Township and everywhere else in the state that subjects an individual to a variety of potential penalties. In addition, this law applies not only to cds found on Schedule I such as marijuana, heroin, cocaine and methamphetamine (e.g. drugs that are illegal to possess under any circumstance) but also possession of prescription legend drugs like Xanax and Oxycodone without a valid prescription. And if you were the operator of a motor vehicle when you were arrested, you can also face a charge for possession of cds in a motor vehicle. The discussion that follows outlines some of the important aspects of a drug/cds possession charge arising in Robbinsville.
Penalties Under 2C:35-10. The type of drug allegedly possessed by your directly impacts the penalty you face. The fine and jail time that applies to 2C:35-10 possession charges are as follows:
- Schedule I, II, III & IV drugs (e.g. cocaine, heroin, MDMA and Methamphetamine) carry a $35,000.00 maximum fine and up to five years in prison;
- Schedule V drugs carry a prison sentence of up to 18 months and a fine of up to $15,000;
- Marijuana in quantities of 50 grams or less carry a jail sentence of up to six months and a maximum fine of $1,000;
- Marijuana in quantities of more than 50 grams carry up to 18 months in jail and the possibility of a $25,000 fine;
- Prescription drugs in less than 5 dosage units carry $10,000.00 fine and up to 18 months in prison;
- Prescription drugs in 5 to 100 dosage units carry a $200,000.00 fine and up to five years in prison;
- Prescription drugs in more than 100 dosage units carry a $300,000.00 fine and five to ten years in prison.
Mandatory Driver’s License Suspension. Every 2C drug offense carries with it a mandatory driver’s license suspension of 6-24 months irrespective of whether a motor vehicle was involved in the related arrest.
Elements of Proof. The prosecutor must establish, beyond reasonable doubt, that you: (1) were in possession of cds; (2) without a valid prescription; and (3) your did this knowingly. Possession occurs if you actually or constructively possess a drug illegally. Actual possession contemplates physical control whereas constructive possession applies where someone is not in custody of the drugs but has the intention and ability to take control in the future. The most common scenario where constructive possession applies is where drugs are hidden in a motor vehicle, apartment or house.
Jurisdiction. The jurisdiction of the Robbinsville Township Municipal Court is limited to deciding disorderly persons offenses. The only cds charge falling into this category is possession of 50 grams or less of marijuana in Robbinsville.Robbinsville Drug Possession Defense Attorney
If you or someone you know is charged with drug possession in Robbinsville, the best thing you can do is retain a qualified attorney to defend their charge. The defense lawyers you choose can significantly impact the outcome of your offense. The attorneys at the Law Offices of Jonathan F. Marshall have successfully defended countless clients arrested for possessing cds in Robbinsville Township over the last several decades and welcome the opportunity to speak to you about what can be accomplished in your drug possession case. Contact our office today to schedule a confidential meeting or to speak to an attorney immediately.