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Drug Possession

What Is “Constructive Possession” In New Jersey Drug Prosecutions?

September 8, 2014 by Matthew Reisig

Constructive Possession in New Jersey is the finding that while you did not physically possess drugs on your person, that you knew drugs were present, they were under your domain, and you intended to be in control of them in the future.

The classic Constructive Possession example is when a driver is pulled over and drugs are found in the pocket of a passenger.

A prosecutor can decide that the driver must have known that the friend in the passenger seat was carrying drugs, and charge the driver as well as the passenger with possession.

Drug laws are extremely serious in New Jersey, and charges stemming from them can change lives in a second.

Call attorney Matthew Reisig today at 732-625-9661 and fight back against possession charges in New Jersey.

Filed Under: Drug Possession

What’s The Penalty For Possession Of Marijuana With Intent To Distribute In New Jersey?

September 8, 2014 by Matthew Reisig

New Jersey takes drug crimes extremely seriously, but as with all criminal charges, it’s important to work with an experienced criminal defense attorney who can push back on the evidence, and the conclusions, that the prosecution offers.

If you’ve been charged with possession of marijuana with intent to distribute, your potential sentence will primarily be affected by the quantity of drugs involved.

At its most serious, this charge can put you away for 20 years, with hundreds of thousands of dollars in fines.

Even if you’re charged with attempting to distribute less than one ounce, the least serious charge available, you still could face 18 months in jail.

Attorney Matthew Reisig has defended clients in every county in New Jersey, and knows how to challenge evidence and protect clients.

Call 732-625-9661 today for a free consultation.

Filed Under: Drug Possession

Is A Valid Prescription From Another State A Defense Against Marijuana Possession Charges In New Jersey?

July 16, 2014 by Matthew Reisig

A medical card or physician’s prescription from another state is not a defense against marijuana possession charges in New Jersey, even though New Jersey has passed a medical marijuana law.

The statute being implemented in New Jersey includes clear provisions about who can produce, sell, and possess marijuana, what conditions are considered valid for the purposes of medical marijuana, and a patient registry for those who have met the conditions for inclusion.

A prescription from out of state does not apply under New Jersey’s law, and possession of marijuana that was lawfully prescribed and purchased outside of New Jersey is against the law.

If you’ve been charged with marijuana possession in New Jersey, call attorney Matthew Reisig at 732-625-9661 today for a free consultation with a criminal defense lawyer.

Filed Under: Drug Possession

Can I Be Convicted For The Full Amount I Was Caught With If The Drugs Were Heavily Cut?

June 18, 2014 by Matthew Reisig

Yes, you’ll be charged with possession of the full weight you were caught with, regardless of the purity of the substance.

If you mixed two ounces of cocaine with three ounces of powdered sugar, you can be convicted of possessing five ounces of cocaine. Similarly, Ecstasy is often a mixture of various substances, including – maybe – the active drug MDMA, mixed with anything from caffeine pills to Viagra to cocaine or heroin.

You may think that a baggie of pills that are mostly caffeine would mean a substantially easier time with prosecutors, but you’d be mistaken.

New Jersey prosecutors know that the public has a strong interest in discouraging drug use and trafficking in our communities, so you’re not likely to get help from the citizens in the jury box.

You need good representation to protect you from potentially serious consequences.

Call attorney Matthew Reisig today at 732-625-9661 for a free consultation.

Filed Under: Drug Possession

What’s The Penalty For Cocaine Possession In New Jersey

June 12, 2014 by Matthew Reisig

Cocaine is considered a controlled dangerous substance in New Jersey and around the nation, and penalties for possession include a 3-5 year sentence in state prison, fines up to $35,000, mandatory drug rehabilitation, and loss of your driver’s license.

New Jersey can also take your vehicle if drugs are found in it, and penalties can be increased under a variety of circumstances.

If you’ve been charged with possession of cocaine, you are in a dangerous situation, but don’t give up hope.

There are many defenses to drug charges, including arguing that a search or stop was illegal, that statements were coerced, and more.

You don’t have to accept a guilty verdict or plead guilty to a crime that police have railroaded you into.

Get a free consultation with one of New Jersey’s most experienced criminal defense attorneys today by calling 732-625-9661.

Filed Under: Drug Possession

Will A First Conviction For Marijuana Possession Put Me In Jail In New Jersey?

June 12, 2014 by Matthew Reisig

It’s not likely that you’ll face jail time as a first offender for possession of marijuana.

Though the states are currently re-evaluating their laws around marijuana, in New Jersey, it remains a crime to possess any amount of the drug, cultivate any quantity of the plants, or possess paraphernalia like pipes even if you have no drug on you.

“Possession” can mean almost anything – a seed discovered on the floor mat of your car, a baggie with remnants, a “roach” in an ashtray.

Because of the many ways a person can end up charged with simple possession, the frequency that normal, otherwise law abiding individuals do end up charged with it, and the perception on the part of nearly everyone that marijuana possession shouldn’t destroy a person’s life, various workarounds have been implemented to keep first offenders out of jail.

One option you may be eligible for is a Conditional Discharge, which would require you to engage in drug testing for a period of time in lieu of going to jail, with your case being sealed when you have successfully completed the conditions.

There are defenses against marijuana conviction, but for many clients, the biggest priorities are staying out of jail and ensuring a clean background check going forward.

When you need steady legal advice that puts your goals first, call attorney Matthew Reisig at 732-625-9661 for a free consultation with an experienced criminal defense attorney.

Filed Under: Drug Possession

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* The reference to 1,389 cases without a DWI conviction applies to cases prior to November 1, 2017. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.

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