Don't Let a New Jersey Drug Possession Criminal Charge Ruin Your Life!

Arrested for Possession in New Jersey? 

Drug possession laws in New Jersey have continued to get more severe. If you've been charged with drug possession or other narcotic drug charges, you need answers from a skilled attorney to defend and protect your rights.

Any simple drug possession conviction penalties may include loss or suspension of your driver's license as part of the penalty.

For many people, not being able to drive means that you can't keep your job and earn a living. It is critical to make sure you have protected all your legal defense options to prevent this from happening to you. Please contact me for a consultation on any drug charges in New Jersey at (732) 625-9660.

Can I Beat a Drug Possession Charge?

Absolutely. In most cases there are excellent defense options where we can fight for a dismissal, or get charges substantially reduced.

Don't give up or plead guilty before exploring and evaluating all of your legal defense options! There are many legitimate defenses to drug possession charges that you will want to thoroughly explore.

Illegal search is a legitimate defense. Police commonly violate you Constitutional rights, and I won't let them get away with it.

Police officers will also try to coerce incriminating statements out of you during the course of an arrest. The officer may try to get you to admit to that the drugs are yours, and that questioning is frequently illegal.

I will challenge any illegal questioning as a violation of your constitutional rights under Miranda and other New Jersey laws.

So remember, to give yourself every chance to beat the charges:

• Do not admit to any facts about the substance in question
• Do not speak to the prosecutor, police, court officials, or anyone about your case
• Speak to a qualified New Jersey criminal defense lawyer immediately!

There also may be plea agreements available that can keep your record clean, in exchange for treatment programs or community service.

But you may only have a limited time to take advantage of your best defense options. So Please Contact me right away for a free consultation on your drug charges. (732) 625-9660.

NJ Drug Laws and Penalties

The laws and potential penalties for drug charges are not always clear to most people, so free free to take advantage of my free consultation to discuss your situation.

New Jersey drug possession penalties include:

Possession of Marijuana

For Simple Possession of marijuana (pot), you face the risk of, even on a first offense:

• up to 18 months in jail
• Fines from $500-15,000
• Loss of driver's license
• Drug Rehabilitation Programs (at your expense)

Possession of Narcotics / Controlled Substances

For possession of other drugs, including Possession of Cocaine/Crack, Heroin, Meth, Methamphetamines Speed, or LSD/Acid, Esctasy, GBH, MMDA, or any other illegal narcotic, stimulant, halluncinogen, opiate, or depressant, First Offense:

• From 3-5 years in jail
• Fines from $1000-$25,000
• Loss of driver's license
• mandatory drug rehabilitation and education programs

Again, these maximum penalties are possible under NJ law for a first offense drug possession charge. For a second or subsequent offense, the risk of stiffer sentencing becomes even greater.

Other Drug Possession Penalties

There are also New Jersey drug laws that state that the police may confiscate your car if they find any "controlled dangerous substance". Getting the best defense from a top lawyer can help lessen the risk of the harshest penalties. 

 Also see my Possession with Intent to Distribute, Dispense or Manufacture page.

Penalties in New Jersey for Possession of Drug Paraphernalia (pipes, bongs, spoons, etc.) 

Drug Paraphernalia possession offenses in NJ are very strict. Possession of drug paraphernalia is commonly charged in simple possession cases.

Many legal, common household items may be characterized and charged as possession of drug paraphernalia, adding to the charges and penalties you may face for a drug possession charge.

The prosecutor may use a paraphernalia charge as increased leverage in a narcotics possession case, but we can argue that the charges be dismissed, and the items in question were not drug related.

Possession of Drug Paraphernalia Penalties in NJ

• Up to six months in jail; fines from $500-$1000. License suspension for up to 2 years.

Possession of Prescription Drugs

It is illegal to possess any prescription drug not legally prescribed for your use by a doctor. If you cannot prove that prescription medication is yours, you can be charged with illegal possession. Simply transporting legal prescription pills outside of the original bottle could result in an arrest.

Commonly charged prescription drug possession charges include:

• Dilaudid
• Ambien (Zolpidem)
• Codeine
• Klonopin (Clonazepam)
• Oxycontin
• Methadone
• Percodan/Percocet
• Ritalin
• Valium (Diazepam)
• Vicodin (Hydrocodone)
• Xanax (Alprazolam)
• Tramadol (Ultram) pain medication
• Fioricet & Imitrex for migraine headaches

Simple possession of unauthorized prescription drugs is usually a third (3rd) degree indictable offense, with maximum penalties of up to 5 years in prison and substantial fines.

Prescription Drug Fraud

It is a separate crime in New Jersey to obtain possession of prescription drugs by fraudulent means. This could be by forging prescriptions, stealing blank prescription pads, changing an existing prescription to alter dosage or refills, impersonating someone with a prescription or a doctor by calling in a prescription, and more.

New Jersey Drug Possession Defense Strategies

There are a number of strategies I commonly use to get the charges dismissed, or beat the case at trial. I will often file a motion to suppress the evidence against you if it may have been obtained illegally. You have a protection against illegal search and seizure under both New Jersey state law and US Federal Law. If the police did not have probable cause when they searched your home or person, the case may be dismissed.

There are also defenses if you were not properly told your rights under Miranda, and may have incriminated yourself. There are other rights that may apply under the 4th, 5th, 6th, or 14h amendment to the US Constitution. 

The prosecutor also must prove beyond a reasonable doubt that any substance involved is actually an illegal controlled substance, and they also must prove that the substance belonged to you or was in your possession. I will challenge each and every one of these assertions in court.

Should I Agree to a Deal to Plead Guilty on a Drug Charge?

In some cases, you might want to work out a plea deal, but not before finding out if the case against you is weak, and the charges should be dismissed. It's hard to know what the right thing to do is without speaking with a lawyer.

If I work out a deal, I may try to get an agreement with the prosecutor that includes drug treatment. Such a drug rehabilitation program can be part of a reasonable deal that you can live with, and there are many qualified drug treatment providers and rehab centers across New Jersey that are recognized by the courts. If this is your first time in trouble with the law, I will also argue for leniency in the interest of justice.

Free Legal Consultation on any Drug Charge in New Jersey

If you've been accused of drug possession, marijuana, cocaine, heroin, ecstasy, or any controlled substance, or other drug charges in New Jersey, please call me at (732) 625-9660, and I'll consult with you on your legal situation, and what I can do to help. There's no obligation, call now.

Matthew Reisig, Attorney at Law

New Jersey Criminal Defense Lawyer - Freehold, NJ (732) 625-9660