Trenton Cocaine Possession Lawyer
Cocaine is back on the scene in Mercer County with hundreds of possession charges filtering their way to the Superior Court in Trenton annually. The vast majority of these offenses involve individuals who possess this Schedule I stimulant for personal recreational use. The subject matter of this page concerns this variety of cocaine charge (a.k.a. personal possession) as opposed to distribution of cocaine. The attorneys at our firm, the Law Offices of Jonathan F. Marshall, make up one of the largest criminal defense teams in the state. We have experience defending cocaine possession charges that spans over a century between our lawyers. Our firm has defended countless third degree cocaine cases in Trenton over the last two decades and an attorney who is thoroughly equipped to help you is just a telephone call away. Contact us at 609–683–8102 to speak to a lawyer immediately.Possession of Cocaine Offense in Trenton New Jersey
Possession of cocaine is illegal in New Jersey under any circumstance in accordance with N.J.S.A. 2C:35-10. Subsection a(1) of this statute makes it a third degree crime to actually, constructively or jointly possess cocaine in any quantity. The important aspects of this law are discussed in the headings that follow.
- Actual Possession. Actual possession applies when the accused has cocaine in his/her direct custody or control. The typical scenario for this form of possession is when someone has a drug/cds in his pocket, wallet or pocket book.
- Constructive Possession. Constructive possession of cocaine arises when the accused does not have physical custody of the drug but that is exists and has the intention and capacity to exercise control, either directly or through another person, in the future. This control can be exercised either directly or through another person.
- Joint Possession. Joint possession arises when two or more individuals share either actual or constructive possession of cocaine or another drug.
- Possession Must Be Knowing or Purposeful. Actual, constructive or joint possession of cocaine only results in a violation of 2C:35-10a(1) if it is knowing or purposeful. “Knowing” means that the person is aware of the presence of the cds, as well as its character. Conduct is “purposeful” when an individual has a conscious object to obtain or possess the item while being aware of its character.
- Penalties. As previously stated, possession of cocaine is a third degree crime. The penalties for third degree possession of cocaine include a fine of up to $35,000 and up to 5 years in prison. An individual is also subject to a license suspension of 6-24 months at the time of sentencing.
- Possession in a School Zone. A conviction for possession of cocaine in a school zone (i.e. within 1,000 feet of school property) must perform at least 100 hours of community service in addition to the penalties previously described.
- Diversion of Charge. If you are a first time offender, you may be able to avoid prosecution through the Pretrial Intervention Program.
If you were arrested in Mercer County because you possessed cocaine, you certainly are not alone. Every charge of this nature ends up at the Superior Court in Trenton. What is crucial at this stage is that you select the right defense lawyer to defend you. An attorney who is both highly experienced and familiar with the court system is going to provide you with the most thorough protection against a conviction and the penalties that apply under 2C:35-10. Our team certainly falls into this description with over 100 years of combined experience appearing in Trenton and thousands of drug cases having been handled over the last 20 years. Attorneys at the Law Offices of Jonathan F. Marshall are available now to discuss how they can utilize their tools to secure a favorable resolution of your Trenton cocaine possession case. Call 609–683–8102 to speak to one of our lawyers immediately.