Charged with Drug Possession in Wall New Jersey
A drug charge for CDS Possession in Wall Township will usually be a third degree felony crime, punishable by up to 5 years in prison. It could derail your future and leave you with a criminal record, that is, without a vigorous defense to get Wall NJ drug possession charges dismissed.
Have you been arrested and charged with a drug offense in Wall Township? If so, you are not alone. Wall Township, which is located in the southern most region of Monmouth County, is one of the largest and most heavily populated municipalities in the County. As a result, it tends to see its fair share of crime year in and year out. In fact, from 2020 to 2021, more than 4,000 criminal offenses were charged in Wall Township. Even though marijuana has been legalized in New Jersey, one of the more frequent crimes that we see being issued in Wall Township is still the possession of CDS. Some of the common CDS cases that we see being charged include: Heroin, Cocaine, MDMA and Oxycontin. Anyone caught possessing any of these CDS will be charged with violating NJSA 2C:35-10a(1), which is classified as a third degree indictable offense. If you have unfortunately found yourself in this type of situation and would like to consult with a local Wall Township criminal defense attorney today, please contact our office at 732.858.6959. One of our attorneys would be glad to sit-down and discuss all your options. Here is some information on drug possession cases in Wall Township.
What You Need to Know About Drug Cases in Wall Township
What Happens After a Felony Drug Arrest in Wall NJ?
Almost all drug cases in New Jersey will be classified as indictable offenses (felony). That means that the vast majority of drug cases that occur within the borders of Wall Township will need to be sent from the Wall Municipal Court to the Monmouth County Superior Court, Criminal Division for litigation. If this is to occur, the case will be prosecuted by the Monmouth County Prosecutor’s Office and not the local municipal prosecutor for Wall Township. Once a case is transferred to the Monmouth County Superior Court, the individual will need to make their first appearance at their Central Judicial Processing Hearing (CJP). If the individual was charged on a Complaint-Summons, which is very common for CDS possession cases, then their CJP hearing will be scheduled about thirty days after the arrest. If the individual was arrested and charged under a Complaint-Warrant, then the individual will have their CJP hearing the next day from the Monmouth County Jail.
After the CJP hearing is conducted, the individual will be scheduled for their Pre-Indictment Conference. At this hearing the Monmouth County Prosecutor’s office will typically make their initial offer, which is often described as their “best” offer. If that offer is rejected, then the case will be scheduled for the Grand Jury. If an indictment is secured, then the case will proceed through the traditional court proceedings. This is when the case can actually be litigated and formal motions like a motion to suppress can be filed. If the case does not resolve after motion practice, then case would be scheduled for trial.
How Much Time Will I get if Convicted of Wall Twp. Felony Drug Possession?
A conviction for a third degree felony drug possession charge in New Jersey can have life changing consequences. The main penalties include a potential prison sentence ranging anywhere from three to five years, a fine up to $35,000 and a felony criminal record. The Judge could also require that the individual undergo a TASC evaluation and require them to follow the recommendations as well as suspend their drivers license for a period of six months. Also, the felony criminal record cannot be expunged for at least five years. So, as you can see, the potential penalties can be devastating.
Can my Felony Drug Case be Remanded Back to Wall Municipal Court?
It is possible for an individual who is facing a felony drug case to have their charges downgraded and remanded back to municipal court for disposition. This would need to occur prior to securing an Indictment, which means usually at or before their Pre-Indictment Conference. If this is to occur, then the indictable offense drug charge must be downgraded to a disorderly persons offense. Some of the most common downgraded disorderly persons offense drug charges we see in Wall Township include: Failure to Turn Over a Controlled Dangerous Substance; Loitering for the Purposes of Obtaining a Controlled Dangerous Substance and Possession of Drug Paraphernalia. Securing a downgrade and remand is a significant benefit, it takes the individual’s exposure from 3 to 5 years in a State Prison to 6 months in the Monmouth County Jail. Downgrades will need to be negotiated by defense counsel. The actual quantity of the CDS possessed, the lack of record and potential proof issues are some of the common basis for downgrades.
Facing a Disorderly Persons Drug Charge in Wall NJ
As you may have been able to figure out from reading above, anyone arrested and charged with a disorderly persons drug case in Wall Township will have their charges litigated in the Wall Municipal Court. The two most common disorderly persons drug offenses we see being issued in Wall Township are possession of drug paraphernalia and being under the influence of a CDS. Although these are the “lower” level drug offenses in New Jersey, the potential penalties can still be devastating. Anyone convicted of possessing drug paraphernalia, being under the influence of CDS or failure to turn over CDS in Wall Township will facing up to six months in the Monmouth County Jail, a fine up to $1,000, a criminal conviction, fees and assessments nearing $800 and a potential six month loss of license.
Can I get PTI a Drug Case in Wall Township
New Jersey has several diversionary programs that an individual charged with a drug possession case could seek to take advantage of. If the individual is facing a felony drug charge and the case is being litigated in the Monmouth County Superior Court, the individual could look to gain entry into the Pretrial InterventionProgram, which is more commonly known by its acronym, PTI. If the individual does get admitted into PTI they would have the opportunity to walk away from the serious felony charges without serving a day in jail but without having a criminal record as well. For more information on how PTI works in Monmouth County, please click the link. It is important to note here that PTI is not available if the individual facing a disorderly persons drug charge in the Wall Municipal Court.
Anyone facing a disorderly persons drug offense in Wall Municipal Court could look to take advantage of the Conditional Discharge Program, which is more commonly known by its acronym “CD”. This program is very similar to the PTI program, as if the individual is able to gain entry, they could not only avoid the potential jail time but the criminal record as well. Anyone enrolled in a CD would be placed on probation for a period of 6 months to 1 year. In order to successfully complete the program, the individual must remain arrest free and pass all random drug tests. After the program has been completed and then case dismissed, the option is available for an expungement six months later to remove the entire record of the case from your criminal history.
Speak to a Wall NJ Drug Possession Lawyer Today
Proetta, Oliver & Fay is a Monmouth County based criminal defense firm, comprised of attorneys who have spent the last decade defending those accused of crimes in Courts throughout the County, including Wall Township. Our attorneys fully understand what a criminal conviction for a drug offense can do to one’s life. As such, our attorneys are dedicated to aggressively defending these types of allegations in an effort to put our clients in the best possible position. If you have been charged with a drug offense in Wall Township or any other offense like driving under the influence of drugs or assault by auto and would like to speak to an attorney today, please contact our office at 732-858-6959. Our initial consultations are always free of costs, so if you have any questions whatsoever, please do not hesitate to contact us.