South Brunswick Drug Defense Lawyer
Drug Possession Attorney in South Brunswick NJ
South Brunswick is centrally located within the State of New Jersey. The zip code covers over 40,000 square miles and towns such as Monmouth Junction, Kingston, Kendall Park, Heathcote, Franklin Township and Dayton. There are countless miles of roadways that cover the area, numerous places to visit, and tons of businesses where people are employed. For these reasons, vigorous law enforcement is a regular feature of daily life and officers constantly patrol the region in search of those violating the law. Among the most common results from interactions with police are charges involving drugs, as officers regularly charge people with possession of controlled dangerous substances (CDS) in South Brunswick. Often, cases arise in South Brunswick that involve possession of drugs like marijuana, as well as prescription drugs like Oxycontin. If you or anyone you know are found to be in possession of a controlled dangerous substance CDS without a prescription, you may be charged with a serious drug offense. Depending on the degree of the charges, these cases are either sent to South Brunswick Municipal Court or Middlesex County Superior Court. In either scenario, the punishments can deter your future and have a significant negative effect on your life. If you have been charged with drug possession in South Brunswick, you must understand the charges and the consequences if convicted. It is highly advisable to speak with an experienced South Brunswick drug lawyer who can answer your questions, advise you as to your options, and apply the law to your specific case. Call (732) 659-9600 now to speak with a knowledgeable drug defense attorney at Proetta & Oliver free of charge.
Charged with N.J.S.A. 2C:35-10 in South Brunswick NJ
The term “possession of CDS” means that you have been charged with a drug crime, namely drug possession. New Jersey makes it illegal to possess certain controlled substances under NJSA 2C:35-10. Drugs that are banned in their entirety such as heroin, cocaine, meth, or synthetic marijuana are always illegal to possess, while other substances, such as prescription legend drugs like Oxycodone, Xanax, or Percocet can only be possessed with a valid prescription while in the proper container. Sometimes, people possess these drugs unknowingly in violation of the law and are charged with indictable crimes (felonies) or disorderly persons offenses for drug possession, also known as possession of CDS.
Third Degree Drug Possession Charges in South Brunswick
All possession of controlled dangerous substance offenses are either indictable (felony) crimes or disorderly persons offenses in New Jersey. The type of crime depends upon the nature of the substance and the quantity possessed. In most cases, possessing controlled dangerous substances will subject you to a felony charge. For example, if caught with cocaine, heroin, methamphetamine, Xanax, Valium, Ritalin, Vicodin, Benzodiazepines, Codeine, Synthetic Marijuana, or Oxycodone to name a few, you will be charged with an indictable crime. Any amount, no matter how small, will permit the police to charge you with a felony and force you to answer the complaint in the Middlesex County Superior Court located at 56 Paterson St, New Brunswick, NJ 08903. If convicted, you could go to state prison. The term of jail and other penalties for indictable crimes are determined by the specific degree of crime charged.
Most of the drugs on the New Jersey Drug Schedules are commonly charged as third degree crimes because the quantity is consistent with personal use. In other words, drug possession involving the majority of controlled substances will be classified as a crime of the third degree. Third degree crimes for drug possession may result in the following penalties:
- 3rd degree crimes: 3-5 years imprisonment, $15,000 ($35,000 in drug cases) in fines, $1000 mandatory Drug Enforcement Demand Reduction Penalty, $75 Safe Neighborhood Fund Fee, $50 Victims of Crime Compensation Fee, $30 Law Enforcement Officers Training and Equipment Fund Penalty. Cost of DNA testing, DNA collected for use in the State database, loss of license for up to two years.
However, as the amount possessed increases, so too does the degree of the charge, particularly when the offense crosses the line from possession to distribution. Larger quantities of drugs may require charges for possession with intent to distribute.
Disorderly Persons Offense Drug Possession in South Brunswick
There is an important caveat about which you should be aware. If you have been charged with possessing marijuana in an amount less than 50 grams, you will be charged with a disorderly persons offense. These offenses are heard in the South Brunswick Municipal Court located at 540 Ridge Road in Monmouth Junction. These offenses are not considered actual felony crimes but they can result in jail time of up to 180 days. If convicted, you may also be required to pay a $500 Drug Enforcement Demand Reduction penalty and up to $1000 in punitive fines, as well as court costs, $75 Safe Neighborhood Fund Fee, and $50 Victims of Crime Compensation Fee. You also face the problem of a criminal record and a loss of your driver’s license for up to two years.
Fourth Degree Drug Possession Crimes in South Brunswick
If you possess more than 50 grams of marijuana, you will be charged with a crime of the fourth degree. This is an indictable offense handled at the Middlesex County Superior Court. Fourth degree crimes for drug possession may result in the following penalties:
- 4th degree crime: 12-18 months imprisonment, $10,000 ($25,000 for drugs cases) in fines, $750 mandatory Drug Enforcement Demand Reduction Penalty, $75 Safe Neighborhood Fund Fee, $50 Victims of Crime Compensation Fee, $30 Law Enforcement Officers Training and Equipment Fund Penalty. Cost of DNA testing, DNA collected for use in the State database, driver’s license suspension.
Juvenile Drug Possession Charges in South Brunswick
High school students and other minors are not immune to purchasing or selling drugs. Students should be concerned because the South Brunswick Police will charge anyone caught with possessing, purchasing, or distributing drugs. In charging the person, it will make a difference if the person charged is a juvenile or adult. Although no person, no matter the age, is permitted to possess a controlled dangerous substance, juvenile vs adult drug cases are handled differently in South Brunswick. Unfortunately, many people charged with drug crimes are high school students that are hoping to get into college. Being convicted of a drug possession or distribution offense can have an impact on your applications and even on the ability to obtain student loans. Speaking with an attorney about your best drug defense is vital if you are a juvenile facing criminal charges for drugs in South Brunswick.
South Brunswick Drug Possession with Intent to Distribute
As mentioned, in certain cases, charges for drug distribution or possession with intent to distribute drugs in South Brunswick can occur and you may be facing more serious consequences. For instance, recently, you may recall that two men in South Brunswick were charged with possessing e-cigarettes that contained THC. Possessing e-cigarettes or a cartridge containing THC can cause the police to charge you with a fourth degree crime. THC is the active ingredient in marijuana and it is not legal to possess unless you have a prescription. The men that possessed the e-cigarettes were also charged with the crime of drug distribution. Police believed that they were marketing and selling the e-cigarettes to South Brunswick High School Students. The people charged allegedly sold candy that looked like sour patch kids but they contained THC. Snapchat was used to arrange buys and the police eventually intercepted a mail package containing contraband.
When charged with possession of drugs with intent to distribute, you may be accused of a first or second degree crime, both of which are extremely serious violations of NJ law. Specifically, the penalties for first degree crimes include: 10-20 years imprisonment, $250,000 in fines (or more in some drug cases), $3000 mandatory Drug Enforcement Demand Reduction Penalty, $75 Safe Neighborhood Fund Fee, $50 Victims of Crime Compensation Fee, $30 Law Enforcement Officers Training and Equipment Fund Penalty. Cost of DNA testing, DNA collected for use in the State database, loss of license for up to two years. As for second degree crimes, you may face: 5-10 years imprisonment, $150,000 in fines, $2000 mandatory Drug Enforcement Demand Reduction Penalty, $75 Safe Neighborhood Fund Fee, $50 Victims of Crime Compensation Fee, $30 Law Enforcement Officers Training and Equipment Fund Penalty. Cost of DNA testing, DNA collected for use in the State database, loss of license for up to two years.
Speak with a South Brunswick NJ Drug Defense Lawyer
There countless ways in which drug offenses can have a bearing on your future. Before you make any other decisions regarding how to handle your drug charges in South Brunswick, choose the right attorney for you. If you or a loved one has been arrested in South Brunswick and charged with a drug offense, contact our local criminal defense attorneys today at (732) 659-9600. We are here to assist you in a free consultation and if you so choose, ready to fight for you in South Brunswick Municipal Court or Middlesex County Superior Court.