Trenton Drug Possession Attorney
Countless drug possession charges are heard in Trenton each year. The City is the home of the county courthouse where every indictable controlled dangerous substance (“CDS”) crime of the fourth, third, second and first degree is heard. Trenton Municipal Court also processes hundreds of cases involving possession of 50 grams or less of marijuana, drug paraphernalia and remanded felony cds cases every year. The combination makes for a municipality with an extreme about of drug distribution and possession offenses. As one of the state’s largest criminal firms with several offices in Mercer County, our lawyers are highly accustomed to defending possession of cocaine, heroin, MDMA, marijuana, prescription legend drugs and other cds charges in Trenton. An attorney at the Law Offices of Jonathan F. Marshall, which has decades of defense experience and several former prosecutors, has the tools to favorably resolve your drug possession offense. A lawyer is always available to answer questions and discuss your case in a free consultation. Call our attorneys now at 609–683–8102 for the assistance you need.Drug Possession Charge in Trenton New Jersey
Most drug possession charges in Trenton arise out of N.J.S.A. 2C:35-10. This law makes it unlawful to knowingly obtain or possess CDS without a valid prescription. An individual can possess drugs in violation of this lawyer either constructively or actually. Constructive possession is triggered when an individual does not have custody of the drugs but knows where they are located and has the ability and intent to exercise control over them in the future. Actual possession is direct physical custody and control of CDS.
The severity of a Trenton 2C:35-10 offense hinges on the type and quantity of drugs possessed. Personal possession of Schedule I, II, III or IV CDS is a third degree crime that results in up to 5 years in prison and a fine of up to $35,000. Possession of a Schedule V drug is a fourth degree crime that exposes you to a $10,000 fine and up to 18 months in prison. Marijuana in a quantity of more than 50 grams is a fourth degree crime that also triggers up to 18 months in prison but the fine is enhanced to a maximum of $25,000. All of these indictable possession charges (i.e. third degree crime or fourth degree crime) fall outside the authority of the Trenton Municipal Court and must be directed to the Mercer County Superior Court for resolution. Possession of 50 grams or less of marijuana is a disorderly persons offense that falls within municipal court jurisdiction. An individual convicted under 2C:35-10a(4) is subject to a fine of up to $1,000 and up to 6 months in the county jail. Possessing a drug/cds in any of the aforesaid forms also requires a 6-24 month license suspension.
There are three diversion programs that allow an individual arrested and charged with drug possession to avoid a conviction. The first program applies to disorderly persons offenses for possession of cds (e.g. 50 grams or less of marijuana) and is called Conditional Discharge. The second program applies to third degree and fourth degree possession charges and bears the name Pretrial Intervention. The third program is Drug Court. The guidelines for admission into these programs are strict so you are encouraged to enlist a knowledgeable criminal lawyer if you would like to resolve your case in this manner.Trenton Drug Possession Defense Lawyer
The final resolution of your case can be greatly affected by the qualifications of the drug possession lawyer you are represented by in court. An attorney who is skilled in defending heroin, cocaine, MDMA, LSD, prescription legend drugs and other CDS cases is going to insure that you have the best chance of avoiding a conviction. This may involving attacking an unlawful search, challenging the stop of your motor vehicle or some other conduct taken by the police during the course of your arrest. Indeed, the fact that you were arrested is nothing more than that from the perspective of our defense attorneys. We will help you make sure what is really important does not occur — a conviction. Contact the Law Offices of Jonathan F. Marshall at 609–683–8102 for a free consultation with one of our lawyers.Related Trenton Drug & CDS Resources To Assist You
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