Fighting Your Drug Possession Charges – Controlled substance laws in New Jersey
“If you have been charged with a drug-related offense, the seriousness of the penalties you face depend on the type of drug, the quantity possessed, and what you intended to do with the drugs. No matter what your drug charge, our goal is to beat your case.“
Getting arrested for having, selling, manufacturing, or marketing drugs is often the start of a long, grueling trip through the courts with unhappy destinations, depending on the type of drugs and whether you merely possessed drugs or, more seriously, headed up a drug manufacturing operation. Drug crimes are based on possession and distribution of controlled dangerous substances scheduled in the New Jersey Controlled Substances Act. There, drugs are listed as Schedule I, II, III, IV or V, based on their potential to do harm or be addictive relative to their medicinal benefits. Drugs like cocaine, heroin, and methamphetamine are examples of schedule I drugs, while over the counter type cold remedy medications with codeine is an example of a Schedule IV drug. Schedule V over the counter drugs may also be illegal when ingredients are used to make more dangerous drugs, like methamphetamine from cold remedy medications. And over the counter drugs in large quantities may be illegal to possess, so you could be charged with a fourth degree crime. Schedule I and II drugs, considered the most dangerous, come with higher penalties, such as decades in prison and fines that could devastate you and your family financially for life. At the end of the day, you need to fight all types of drug charges to the greatest possible extent to avoid the many repercussions of being found guilty.
Our firm handles drug charges on a regular basis, and we have specific defense strategies that work consistently, many of which are here. We have a video series on How To Beat Marijuana Charges that applies to all drug types, and we strongly suggest that you watch this series, even if you were arrested with other drugs. An Illegal Search or Chain of Custody issue can result in the dismissal of your case whether it’s a small bag of heroin or a kilogram of cocaine. Additionally, any of the strategies in our Top 5 Ways To Beat A Criminal Charge can potentially lead your case to be dismissed.
If you have more questions about your drug charges and would like to speak with an attorney who can fight your drug arrest, please call The Tormey Law Firm for a free consultation: (201) 556-1571.
We defend clients facing virtually all types of drug charges in New Jersey, including:
Cocaine Possession Charges N.J.S.A 2C:35-10 – This page on cocaine possession can give you the penalties and best defenses for your charge.
Marijuana Possession Charges N.J.S.A. 2C:35-10 – This page contains everything that you need to know about marijuana related charges in New Jersey. We have the penalties broken down depending on the nature of your marijuana possession, and we include our strategy videos which tell you how you can potentially beat this charge. To watch a video that breaks down the penalties and punishments for marijuana possession, click here.
Marijuana Distribution 2C:35-5 – The sale of marijuana and the possession of marijuana have completely different penalties and punishments. This page covers the grading of your charges, and offers some defense strategies for your case.
Heroin Possession & Distribution 2C:35-10 and 2C:35-5 – This page contains information on everything you need to know about fighting heroin-related charges in New Jersey. You can learn about the potential penalties for heroin possession and heroin distribution. You can also watch a video which provides tips on how to beat a heroin charge.
Possession of Drug Paraphernalia 2C:36-2– This charge is very commonly added to other drug possession charges, and usually results from pipes, bowls, bongs, papers, or any other apparatus used to ingest drugs. That said, many times these charges are groundless. This page gives you the information that you need.
Possession of Synthetic Marijuana 2C:35 – Believe it or not, synthetic marijuana, K2, Spice, etc can actually leave you with a criminal record. This page has all of the information that you need, including some ways to beat your charges.
Prescription Drug Charges N.J.S.A 2C:35-10.5 – This page covers everything you need to know about prescription drug offenses, including the grading of your offense, the penalties you face, and how we can fight your charge.
LSD Possession & Distribution Charges – This page explains charges for possession and distribution of LSD, including penalties and defense. Depending on the amount of the drug and whether you are arrested for possessing or selling it, you may be charged with anything from a third degree to a first degree crime.
MDMA, Molly, Ecstasy Offenses: Offenses involving MDMA have been increasing in recent years, as more and more people use the drug recreationally. This page tells you about the charges and penalties you can face when arrested for ecstasy.
Methamphetamine Possession and Distribution: New Jersey punishes meth crimes severely, so make sure you refer to this page if you have been charged with possessing, selling, manufacturing, or intending to distribute this drug.
Possession of CDS in a Motor Vehicle N.J.S.A. 39:4-49.1 – This page refers to possession of “controlled dangerous substances” in a motor vehicle, which will result in a small fine but a long drivers license suspension. In addition, you will probably face drug charges for the “CDS” that you possessed.
CDS Near or On School Property N.J.S.A. 2C:35-7 – This page provides a comprehensive overview of these charges and the penalties that you are facing as a defendant in this type of case.
Leading a Narcotics Trafficking Network: N.J.S.A. 2C:35-3 – This page details the law pertaining to these extremely serious charges and why it is essential to hire an experienced attorney who can provide you with the best possible defense.
The following videos are the strategies that we use to beat drug and marijuana charges.
If you hire our experienced criminal defense attorneys at The Tormey Law Firm, we will review the evidence and make sure that the police and prosecution collected and maintained the evidence legally. For instance, the police cannot obtain evidence without following legal procedures, such as searching for and seizing property with a valid search warrant or by a legal stop and detention of your vehicle. You must be read your rights if officers are trying to question you, and evidence must be held in such a way as to prevent anyone from tainting it. Also, police must have probable cause to stop you and arrest you in the first place. If tests were run on the seized drugs, those tests must be conducted in a legally acceptable way or be subject to challenge too. Though discouraging, a drug arrest does not have to lead to long prison sentences with the right help. Here’s where we provide detailed information about ways to fight drug charges and potentially get them dismissed:
1.) Challenging The Motor Vehicle Stop – If the officer did not have the right to stop your vehicle to begin with, any drugs found as a result will be disregarded as evidence.
2.) Challenge Chain Of Custody – If the police can’t show a clear record of who has handled the evidence in your case, we can argue that the evidence may have been switched or contaminated.
3.) Challenge The Lab Reports – If the state can’t prove that you are actually in possession of a controlled substance, you case could be dismissed.
4.) Challenging Your “Possession” of Drugs – Were the pills yours or someone else’s in the vicinity. The state must prove that you were the offender in possession of the drugs.
5.) Challenging Illegal Searches – Illegal searches are the most common way to have drug charges thrown out. Without the right to conduct a search, all of he evidence found can be dismissed and suppressed.
The next set of videos highlight the “diversionary programs” that you can use to have your case set aside and elect for a probationary period. If you complete your probation, your charges and record will be wiped clean.
Conditional Discharge – This is the probationary program for individuals arrested for possession of marijuana under 50 grams with no prior criminal record.