Cocaine Possession Charge in Middletown Township
Cocaine possession is certainly on the rise in Middletown and other municipalities in Monmouth County. This Schedule II Controlled Dangerous Substance (“CDS”) is quickly regain the popularity of years past despite it being a felony to possess the drug in any quantity. If you were charged with possession of cocaine in Middletown New Jersey, you are exposed to years in state prison if you are convicted of this offense at the Monmouth County Superior Court. Selecting the right attorney to defend you against is probably the most important decision involved in your Middletown drug case. A lawyer at The Law Offices of Jonathan F. Marshall with years of experience battling cocaine possession and other CDS charges is ready to thoroughly review the facts surrounding the search and seizure that result in your arrest, as well as any other relevant issues surrounding your offense. Attorneys are available immediately to assist you by contacting our Middletown Office. Call 732-615-0039 to speak to one of our lawyers in a free initial consultation now.
Middletown NJ Cocaine Possession Offense
Possession of cocaine in any amount is a third degree crime under N.J.S.A. 2C:35-10(a)(1). This should be distinguished from distribution of the drug which can result in a first degree, second degree or third degree crime depending on the quantity involved. In order to convict you in accordance with 2C:35-10, the prosecutor must prove that you knowingly possessed cocaine either actually or constructively. You actual possess cocaine when it is under your direct physical control, for example, in your pocket, purse, jacket or wallet. A person has constructive possession of cocaine when it is not in their physical custody but they know that the drug is present and have both the intent and ability to take control over it in the future. If you knowingly possessed cocaine either way for personal use as opposed to selling it, a third degree crime arises.
- Penalties. Third degree possession of cocaine results in a fine of up to $35,000 and up to 5 years in state prison. There is also a driver’s license suspension of 6-24 months that is triggered at the time of sentencing. These consequences can be averted if you are a first time offender and successfully gain admission into the Pretrial Intervention Program.
- Defenses. There are many defenses that can be raised on our savvy attorney in your cocaine possession case. The biggest one is challenging the search and seizure that results in your being arrested and charged. For example, there may have been a motor vehicle stop that was invalid because the police lacked a legal basis to stop your car, truck or other motor vehicle. It may also be that the police lacked a proper reason to search you, your house, car, house or apartment. Indeed, there must be a valid search warrant to support a search in most instances.
Middletown NJ Possession Of Cocaine Defense Lawyer
Possession of cocaine is nothing to take lightly since it results in a felony criminal record, not to mention the possibility of years in prison. A Middletown NJ Criminal Lawyer who is skilled in defending cocaine charges can help you defeat efforts of the police and prosecutor to convict you. This is exactly why you should call The Law Offices of Jonathan F. Marshall before your interests are prejudiced in any way. Our attorneys have the qualities to succeed on your behalf with over 100 years practicing in the Criminal Division of the Monmouth County Superior Court. Two of our employees have even been employed in this section. Our lawyers are clearly highly familiar with the court system and will work diligently to help you achieve the best result possible with your Middletown cocaine possession offense. For an immediate free consultation with a defense lawyer at our firm, call 732-615-0039. An attorney will be more that happy to give you the time and counsel for you to decide how to proceed.
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