Arrested for Possessing Cocaine, Marijuana, Xanax, LSD, Ecstasy or Another Drug in Sea Bright New Jersey
Call Our Firm To Speak To A Highly Former Prosecutor About Your Sea Bright CDS Possession Charge
If you were arrested in Sea Bright New Jersey for possession of marijuana, cocaine, LSD, Xanax, Ecstasy or another drug, you will need to mount your best defense to avoid a criminal record, fines, license suspension and a potential jail sentence. Selecting a criminal lawyer with a proven track record defending CDS possession charges in Monmouth County, including Sea Bright, will definitely ensure that you have the opportunity to escape a conviction that you deserve.
Our defense firm, the Law Offices of Jonathan F. Marshall, has a team of eight attorneys that have decades of experience representing clients charged with a Sea Bright drug possession offense. Most of the lawyers are also former prosecutors who have the benefit of learning the court system as a member of law enforcement. They know how to approach a drug/CDS so that you have every chance of mitigating or avoiding penalties.
An attorney is available 24/7 to discuss your case in a free consultation by contacting our Red Bank Office at 732-450-8300.
Charged With Drug Possession in Sea Bright
The New Jersey Drug Possession Law that applies in most cases is N.J.S.A, 2C:35-10. This statute makes it unlawful to knowingly possess cocaine, LSD, heroin, methamphetamine, MDMA (i.e. ecstasy or molly) and many other Schedule I, II, III, IV and V CDS in Sea Bright. An entirely separate statute, N.J.S.A. 2C:35-10.5, applies when possession involves a prescription legend drugs such as Xanax, Percocet, Valium, Oxycodone, Hydrocodone, Adderall, Vicodin, Ambien and Suboxone.
Actual and Constructive Possession of Drugs. An individual possesses drugs in violation of 2c:35-10 and 2C:35-10.5 if they have actual or constructive possession. Actual possession applies when the accused has direct physical control over the drugs. Constructive possession is triggered when someone lacks physical custody but is aware of the presence of the CDS and has the ability or intent to exercise actual possession in the future.
Grading of a Sea Bright Possession Charge. Perhaps the most common substance involved in a Sea Bright possession charge is marijuana. N.J.S.A. 2C:35-10a(4) makes it a disorderly persons offense to possess 50 grams or less of marijuana or 5 grams or less of hashish. It is also a disorderly persons offense to turn over CDS to the police or to be in possession of four or fewer dosage units of a prescription drug. It is a third degree crime under 2C:35-10a(1) to possess a Schedule I, II, III or IV CDS, including heroin, cocaine, methamphetamine, MDMA, magic mushrooms and LSD. Possessing a Schedule V CDS, over 50 grams of marijuana or at least five dosage units of a prescription legend drug is a fourth degree crime.
Penalties If You Are Convicted For Possessing Drugs in Sea Bright. A disorderly persons offense for possessing drugs in Sea Bright results in up to 6 months in the county jail, a fine of up to $1,000, and possible loss of your driver’s license for 6-24 months. A fourth degree crime for possession, which can only be handled at the Monmouth County Superior Court in Freehold, carries a fine that can reach $10,000 ($25,000 when its marijuana). A third degree crime for possession of drugs in Sea Bright can result in your being sent to prison for 5 years and your being fined up to $35,000. In addition to the fines, prison time and possible loss of your driver’s license (6-24 months), if you are convicted of any drug possession charge, the judge has the discretion to order you to undergo mandatory drug, counseling and/or rehabilitation.
Defending a Drug Possession Charge In Sea Bright New Jersey
To be convicted of drug possession in New Jersey, the state must prove that you knowingly possessed a controlled dangerous substance without a prescription. This requires three main points to be proven:
- You knew that the substance was in your possession
- The substance was, in fact, a controlled dangerous substance
- You did not have a valid prescription
If your attorney can cast reasonable doubt on any of these factors or show that law enforcement did not follow proper protocol when collecting evidence or arresting you, then it may be possible to have the charges against you dismissed.
A drug conviction is very serious and can have detrimental consequences on your career, finances, and your freedom. This is why it is important to give yourself the best possible chance, in your specific circumstances, by hiring an attorney to use their experience and knowledge to build a strong defense to the charges.
CDS Possession Defense Lawyer in Sea Bright NJ
When you contact the Law Offices of Jonathan F. Marshall, you will receive accurate and honest advice from an accomplished defense lawyer. We will tell you what we need from you to help us achieve a good result, as well as, when and how our attorneys will go about obtaining the best result in your Sea Bright possession case. Whether it’s investigators, experts, paralegals or crafty presentation of your case by an attorney, you can trust that we will marshal the resources to effectively represent you and get you the outcome you need. So, if you have been charged with drug possession in Sea Bright, New Jersey, give our office a call at 732-450-8300 to speak the lawyers on our staff.
Sea Bright Resource Pages & Posts To Further Assist You
|Sea Bright Criminal Attorney||Sea Bright NJ Marijuana Possession Lawyers|
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