West Windsor NJ Drug Possession Lawyer
Drug possession charges are among the most common that occur in both municipal court and at the Superior Court level. Each year hundreds of adults of all ages find themselves charged with some form of controlled dangerous substance (“CDS”) offense in West Windsor New Jersey. An individual who does not have a prescription for a drug/cds in their possession or who under the influence of such a substance, faces significant penalties including fines and jail time. Being convicted of drug possession can also negatively impact their ability to get a job, make it hard to obtain a professional license and have other ramifications. This is why it is pivotal that you secure the services of a qualified lawyer, one who can fully protect you against a poor outcome, before you walk into court on your West Windsor cds possession case.
At the Law Offices of Jonathan F. Marshall, a large percentage of the cases handled by the attorneys are drug related offenses. In fact, our lawyers have defended literally thousands of marijuana, cocaine, MDMA, LSD, prescription drug and other cds related charges over the last several decades. In many cases, the attorney on our team has also served as a prosecutor, learning precisely how the court system in a town like West Windsor operates. To speak to a lawyer in depth about your drug possession arrest, call our office at 609–683–8102 for a free consultation.Drug Possession Charge in West Windsor New Jersey
The primary law that is triggered when someone is facing a drug possession charge in West Windsor New Jersey is N.J.S.A. 2C:35-10. This law makes it illegally to knowingly possess a cds without a valid prescription. The statute also outlines grading and penalties based on the type and quantity of a particular drug that is possessed. Subsection a(1) is directed at drugs contained on Schedule I, II, III & IV like cocaine, heroin, methamphetamine and MDMA and makes their possession a third degree crime that results in up to 5 years in prison and a fine of up to $35,000. Possessing a Schedule V cds (e.g. hydrocodone, oxycodone & other prescription drugs) in West Windsor is a fourth degree crime under 2C:35-10a(2) that carries a maximum fine of $15,000 and up to 18 months in prison. It is also a fourth degree crime to possess more than 50 grams of marijuana contrary to subsection a(3). A violation of this provision carries a fine of up to $25,000 and a period of incarceration of up to 18 months. Lastly, N.J.S.A. 2C:35-10a(4) concerns those arrested because they possessed 50 grams or less of marijuana in West Windsor. This charge is a disorderly persons offense that triggers a fine of up to $1,000 and up to 6 months in the county jail.
Jurisdiction Over Drug Cases. When you are charged with an indictable crime of the first degree, second degree, third degree or fourth degree, your case falls outside the jurisdiction of the West Windsor Municipal Court. Offense of this severity must be directed to the Mercer County Superior Court in Trenton which has sole authority to deal with these types of drug cases.
Mandatory License Suspension. Every individual convicted of a drug/cds possession offense is subject to a mandatory driver’s license suspension of 6-24 months. This applies in addition to whatever period of suspension you face for possession of cds in a motor vehicle in West Windsor.
Diversion Programs. There are two programs available to first time offenders who are facing a West Windsor drug offense. Conditional discharge applies to possession of 50 grams or less of marijuana and drug paraphernalia charges in West Windsor. Pretrial Intervention is the program for diversion of offenses that are indictable in nature (e.g. third or fourth degree crime).
Distribution of CDS. This discussion is not directed to charges for selling distributing or possession with intent to distribute cds. New Jersey has specific rules and grading for these offenses and it is best to refer to our drug resource page for additional guidance.West Windsor CDS Possession Defense Attorney
Drug possession charges in West Windsor Township should never be tackled without a skilled defense attorney at your side. Indeed, conviction will subject you to the scrutiny of a criminal record and all sorts of penalties. The best way to avoid these negative repercussions is to retain a knowledgeable criminal lawyer. The attorneys at the Law Offices of Jonathan F. Marshall certainly fall under this category with thousands of drug and cds possession cases having been successfully handled over the last several decades. To speak to one of the lawyers on our defense team, including one of our several former prosecutors, call 609–683–8102 for a free consultation.