Drug Possession Defense Lawyer in Marlboro
Need a Local Drug Possession Attorney in Marlboro NJ
Marlboro Township, which is located in the northwestern section of Monmouth County has some of the counties busiest roadways cutting right through it, including Route 79, Route 9 and Route 18. It is also home to more than 40,000 individuals, which makes this municipality extremely busy on a daily basis, whether it be from people passing through it on their way to work or the locals just traveling throughout it. With so much constant traffic, it requires the Marlboro Township Police Department to be extremely active in its patrolling. A highly patrolled town will almost certainly lead to an increase in arrests and Marlboro Township is no exception. In 2019 alone, the township saw more than 1,300 indictable (felony) and disorderly persons offenses (misdemeanor) being issued. A lot of these arrests were for drug possession, whether it be for cocaine, heroin, marijuana, THC Oil, Xanax and Oxycontin.
As one would imagine, a drug possession charge is not something to take lightly. The potential sentence one faces if convicted of a drug offense in New Jersey can be devastating and sometimes the collateral consequences, being labeled as a convicted felony can be long lasting. If you or a loved one has been arrested and charged with a drug offense in Marlboro Township and would like to speak to one of the criminal defense attorneys at Proetta, Oliver & Fay, then please contact our office directly at 732.858.6959. One of our attorneys would be glad to go over the specifics surrounding your arrest, including any potential defenses and formulate a game plan that works best to suit your needs. Here is some information on drug charges in Monmouth County.
What to Expect on Drug Charge in Marlboro Township: NJSA 2C:35-10a
All possession of a controlled dangerous substance (CDS) charges will be governed under NJSA 2C:35-10. Drug possession charges will either be considered a disorderly persons offense (misdemeanor) or an indictable offense (felony). Typically, unless the drug in question is marijuana, the charges will be considered an indictable offense, more often than not a third degree indictable offense. In other words, all heroin, cocaine, MDMA, crystal meth, Xanax, Oxycontin and mushroom charges will be considered third degree felony offenses. Conversely, all drug paraphernalia, failure to turn over CDS, loitering for the purposes to obtain CDS and marijuana under 50 grams charges will be considered disorderly persons offenses.
All indictable offense drug charges issued in Marlboro Township will need to be transferred from the Marlboro Municipal Court to the Monmouth County Superior Court, Criminal Division for disposition. On the other hand, all disorderly persons offenses drug charges that occur within Marlboro Township will be litigated in the Marlboro Township Municipal Court. With that being said, if the individual is charged with both an indictable and disorderly persons offense, all charges must be transferred to the Monmouth County Superior Court for disposition.
Regardless of the degree (felony/misdemeanor) if the individual charged with drug possession is considered a juvenile (under the age of 18) at the time of the arrest, their charges will need to be transferred from the Marlboro Township Municipal Court to the Monmouth County Superior Court, Chancery Division, Family part. More information on how juvenile drug charges are handled in Monmouth County, please click the link.
What Qualifies as Possession?
New Jersey in essence recognizes three different theories when it comes to trying to prove a drug possession charge. They are “actual possession”, “constructive possession” and “joint possession”. Each theory broadens the prosecutions grasp when it comes to proving a drug possession case. Here is a brief breakdown on each theory:
- Actual Possession:
- In order to prove actual possession, the prosecution must show that the individual knew what the item (CDS) was and that they knowingly had it on their person at the time.
- Constructive Possession:
- In order to prove constructive possession, the prosecution must show that the individual was aware that the item (CDS) was present and they were able to and had the intention to exercise control over it.
- Joint Possession:
- In order to prove joint possession, the prosecution must show that two or more persons share actual or constructive knowing possession of an item (CDS).
As you can see, these theories are anything but straight forward. Depending on their theory, this could allow for an experienced criminal defense attorney to make the prosecutions case very difficult.
Looking for a Drug Possession Attorney in Marlboro
Being arrested and summonsed into court to answer for any offense, let alone a drug offense can be overwhelming. As such, we think it is absolutely crucial that you speak to an experienced criminal defense attorney about your options. If you would like to speak to one of the Marlboro criminal defense attorneys on staff at the Law Office of Proetta, Oliver & Fay, then please contact us directly at 732.858.6959 or you can try contacting us online. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us.
Helpful Related Links:
- Can I get Pretrial Intervention on a Drug Possession Charge?
- What is Central Judicial Processing?
- Do I need a Lawyer for a Detention Hearing in Monmouth County?
- How does a Conditional Discharge work?