Charged With Possession of Marijuana, Cocaine, LSD, Xanax, Heroin, Ecstasy or Another Form of CDS in Howell New Jersey
Contact Our Office To Speak to a Former Drug Task Force Director or the Former Prosecutor of Howell
If you have been charged with a drug possession in Howell New Jersey, you must take this offense seriously. A conviction for possessing any controlled dangerous substance short of 50 grams or less of marijuana is a felony that can land you in state prison. The consequences are even worse where the charge is for distribution of drugs/cds. Hiring an accomplished defense attorney is the very best action you can take to protect yourself if you were arrested on a Howell drug possession offense.
Whether your charge resulted in a third degree crime, fourth degree crime or even a disorderly persons offense, it is pivotal that you act swiftly to defend your violation. A lawyer that is highly experienced in defending heroin, cocaine, marijuana, MDMA (e.g. Molly or Ecstasy), Xanax, LSD and other drug possession charges like those at the Law Offices of Jonathan F. Marshall is the biggest weapon you have to avoid a conviction.
Our skilled attorneys have over 100 years of combined experience defending CDS possession cases of all kinds, including countless cases at both the Monmouth County Superior Court and in Howell Municipal Court. Whether you were arrested for a third degree crime, fourth degree crime or a disorderly persons offense, our lawyers are prepared to provide the sound legal guidance you need. To speak to an attorney on our staff, including a former Drug Task Force Director or prosecutor in Howell, call 732-450-8300. A lawyer is available 24/7 to discuss your offense.
Howell Drug Possession Offense
Under N.J.S.A. 2C:35-10, knowingly or purposely being in possession of a controlled dangerous substance without a prescription is a crime whether that possession is actual or constructive. Actual possession refers to having the substance physically on your person, such as in your hand, pocket, or backpack. Constructive possession refers to circumstances where you are aware of the presence of the drugs and have the ability and intention to exercise dominion and control over them, such as when the drugs are located in the glove compartment or the trunk of your car, a closet in your home, or a storage locker you rent.
The New Jersey Controlled Dangerous Substance Act set forth an array of drugs and compounds that cannot be distributed or dispensed except by a licensed pharmacist or physician. Possession of these items without a prescription results in a violation of 2C:35-10. Some of the more common types of CDS/drugs resulting an a Howell possession offense including:
- MDMA, Ecstasy and/or Molly
- Hashish (a.k.a. hash and hash oil)
- Synthetic Cannabinoids
Penalties for Drug Possession in Howell New Jersey
A conviction for drug possession in New Jersey can lead to severe criminal penalties including incarceration in a county jail or state prison, stiff fines, long periods of probation, suspension of your driver’s license, and/or other penalties. Offenders who are arrested in possession of a large quantity of a controlled dangerous substance or under circumstances that would otherwise lead the police to believe they had possession with intent to distribute, they face a more severe offense under N.J.S.A. 2C:35-5. The standard penalties for possessing drugs for personal use in violation of 2C:35-10 are:
- Third Degree Crime. Possession of a Schedule I,II, III or IV CDS. other than marijuana, always results in a third degree crime. Drugs falling within these schedules include cocaine, heroin, methamphetamine, MDMA, Molly, Ecstasy and LSD. A conviction for third degree possession results in a maximum fine of $35,000 and up to 5 years in prison.
- Fourth Degree Crime. It is a fourth degree crime to possession over 50 grams of marijuana, more than 5 grams of hashish or a Schedule V CDS. The prison terms for fourth degree possession is up to 18 months and the fine is $15,000 for Schedule V CDS and $25,000 for marijuana. Possessing 5 or more dosages of a prescription drug like Hydrodone, Valium, Vicodin or Ambien for personal use is also a fourth degree crime.
- Disorderly Persons Offense. Possession of less than 50 grams of marijuana or 5 grams of hash is a disorderly persons offense that carries up to 6 months in the Monmouth County Jail and a fine that can reach $1,000. It is also a disorderly persons offense to possess less than 5 dosage units (a.k.a. 4 or less) of a prescription legend drug such as Adderall, Suboxone, Oxycodone or Xanax.
Furthermore, the penalties for drug possession are harsher for offenders who have previously been convicted for drug possession. These individuals typically face lengthier jail or prison sentences and higher fines. The penalties are also more severe in cases where the offender was was arrested in a school zone or near a housing project or other public facility.
Defending a CDS Possession Charge in Howell, New Jersey
The first thing we do when defending a client in a drug possession case is look at all of the factors involved––the type of the drug involved, the amount of the drug involved, the way the drug was packaged, where the arrest took place, etc.––to determine if you have been overcharged.
The next thing we do is check to see how it came about that you were charged with the offense in the first place. We strive to ensure that your constitutional rights are protected and that you have not become a victim of an unlawful warrantless search by the police.
Our goal is for you to walk out of court with the least amount of criminal consequences possible and we have several ways to achieve this. Depending on the circumstances of the crime you are charged with, you may very well be able to walk out of court without any criminal conviction.
The lawyers at the The Law Offices of Jonathan F. Marshall can also help you secure admission into Pretrial Intervention or Conditional Discharge. These programs will allow you to avoid a criminal record and the penalties that apply under 2C:35-10 and 2C:35-10.5.
Howell CDS Possession Defense Lawyer
If you are facing a drug possession charge that arose in Howell, New Jersey, having an experienced defense attorney on your side matters, regardless of the CDS or grade of offense. The lawyers at The Law Offices of Jonathan F. Marshall have been successfully defending possession cases for decades at the Superior Court, as well as in Howell Municipal Court. Our attorneys will work tirelessly to get the charge reduced or dismissed, or will fight to minimize the punishment you will receive if convicted. There is absolutely no risk in calling us and time is of the essence. A free consultation with an accomplished lawyer is available now at (732) 450 8300.
Related Howell Pages & Posts
- CDS Distribution Attorney in Howell New Jersey
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- Howell NJ Municipal Court Lawyer