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Monmouth County Criminal Defense Lawyers

If you have been arrested, charged with a criminal offense, or are under investigation, it is crucial that you speak to an experienced Monmouth County Criminal Defense Lawyer about your options.

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Manalapan NJ Drug Charge Defense Lawyer

Manalapan NJ Drug Possession & Distribution Charges

Arrested and Charged with a Controlled Dangerous Substance (CDS) Offense in Manalapan, New Jersey

Have you been charged with a drug offense in Manalapan Township NJ? If so, you are not alone. The war on drugs is still alive and well and Monmouth County as a whole is not immune to it. That includes Manalapan Township, which is one of the counties largest municipalities. Even though it is one of the largest municipalities geographically in Monmouth County, population-wise it is not. But for some reason, annually it appears that more than 1,200 criminal complaints get issued. If you have been arrested and charged with a drug offense, whether that be for possession, possession with the intent to distribute, distribution or manufacturing, we strongly urge that you speak to an experienced criminal defense lawyer about your options. Keith G. Oliver, Esq. and the criminal defense attorneys at Proetta, Oliver & Fay have been defending all types of drug cases in Manalapan Township for more than a decade now. Our attorneys are well-versed when it comes to defending drug charges. If you would like to speak to one of the Manalapan Township drug charge defense lawyers at Proetta, Oliver & Fay today, please call our office (732)-858-6959. Now here is some important information on Manalapan CDS charges that can help you to be better prepared when handling your drug case.

What Happens After an Arrest for a Drug Charge in Manalapan Township

If the Defendant is charged via a Complaint-Warrant they must be taken from the local Police Department following their booking to the Monmouth County Jail. They will be held in the Monmouth County Jail for at least 24-48 hours so that Pretrial Services can conduct their risk assessment. That risk assessment will be used in order to determine whether or not the Defendant will be released from the County Jail at their Central Judicial Processing hearing on bail conditions. If the Monmouth County Prosecutor’s Office declines to agree to release the Defendant a formal detention hearing (Bail Hearing) must be conducted. This hearing typically happens within five days. At this hearing the Judge will hear arguments from both sides and determine whether the Defendant will be released on bail conditions or detained pretrial, without bail.

  • Typically speaking, most Defendant’s charged with the possession of CDS with the intent to distribute,  the distribution of CDS or the manufacturing of CDS will find themselves being charged under a Complaint-Warrant and thus subject to New Jersey’s bail reform.

If the Defendant is charged via a Complaint-Summons then they will be taken from the scene to the local Police Department for processing. Once they are processed they will be released directly from the station on a summons to appear in Court at some date in the future.

  • When it comes to possession of CDS and possession of drug paraphernalia cases the Defendant will typically be charged on a Complaint-Summons and released directly from the police department after booking. With that being said, if the Defendant has an extensive prior record or is already on Pretrial Release for another case, it is possible to see a possessory case be issued on a complaint-summons.

What Court has Jurisdiction over a Drug Case in Manalapan Township

Determining what Court has original jurisdiction over a CDS case in Manalapan Township got a lot less complicated when New Jersey legalized marijuana. The Monmouth County Superior Court, which is located in Freehold, will have original jurisdiction over all indictable (felony) offense drug cases that occur within the County. The Manalapan Municipal Court will have original jurisdiction over all disorderly persons (misdemeanor) offenses that occur within its borders. It will also obtain jurisdiction over all indictable offenses that are downgraded and remanded from the Monmouth County Superior Court. With that being said, if the drug charge is downgraded and remanded from Superior Court it has to be downgraded from an indictable offense to a disorderly persons offense.

Almost all CDS charges in New Jersey will be classified as an indictable offense. That includes all possessory offenses, regardless of the quantity of the CDS in question. Here is a quick chart that breaks down the different degrees of drug charges in Manalapan Township.

Indictable Offense Drug Charges in Manalapan

Disorderly Persons Offense Drug Charges in Manalapan

All Manalapan Drug Distribution Cases will be Classified as a Felony

For the most part, the quantity of the drug will determine what degree of a felony a Defendant will face following a drug distribution arrest in Manalapan Township. It will also dictate what the potential exposure a Defendant will face. It is important to note that if the charges occur within 1000 feet of a School Zone or within 500 feet of a Public Park Housing Complex or Park then the Defendant will be facing additional charges. Here is a quick chart that breaks down the degree of the charge based on the quantity as well as the potential exposure a Defendant will face.

Indictable Offense Drug Charges in Manalapan

  • Possession of CDS (Heroin, Cocaine, MDMA, Meth, Ecstasy, LSD, Prescription Drugs)
    • Under 1/2 Ounce will be classified as a 3rd Degree:
      • 3 to 5 Years in a State Prison, $35,000 Fine & Felony Criminal Record
  • Possession with Intent to Distribute / Manufacturing CDS / Distribution of CDS
    • Under 1/2 Ounce will be classified as a 3rd Degree:
      • 3 to 5 Years in a State Prison, $35,000 Fine & Felony Criminal Record
    • Over 1/2 Ounce but Less than 5 Ounces will be classified as a 2nd Degree:
        • 5 to 10 Years in a State Prison, $150,000 Fine & Felony Criminal Record
    • Over 5 Ounces will be classified as a 1st Degree:
      • 10 to 20 Years in a State Prison, $200,00 Fine & Felony Criminal Record
  • Leader of a Drug Trafficking Network
    • 1st Degree Felony
      • Life in Prison, $200,000, Felony Criminal Record
  • Operating a Drug Manufacturing Facility
    • 1st Degree Felony
      • 10 to 20 Years in State Prison, $200,000, Felony Criminal Record

Disorderly Persons Offense Drug Charges in Manalapan

  • Possession of Drug Paraphernalia / Failure to turn over CDS / Loitering for the Purposes of Obtaining CDS
    • Disorderly Persons Offense
      • Up to 6 Months in County Jail, $1,000 Fine, Criminal Record

Potential Ways to Defend a Drug Case in Manalapan NJ

When it comes to challenging a drug case in Manalapan Township the options can be endless but they are also fact specific. That means what might be a defendable option for one case might not be for another case. That is one of the main reasons you need to make sure you look to exploit all different aspects of the case. Being able to attack the State’s proofs could work out in a suppression of the State’s key pieces of evidence, which in turn can work out to a dismissal over the charges. Here is a list of some of the key areas that we look to exploit on CDS cases that take place in Monmouth County.

  • Challenge the Possession Aspect
    • Actual Possession, Constructive Possession, Joint Possession
  • Challenge the Lab Reports
  • Challenge the Chain of Custody for the CDS
  • Entrapment
  • Unlawful Search & Seizure
    • Probable Cause, Reasonable Articulable Suspicion, Plain View, Dog Sniff
  • Unlawful Miranda Questioning

Speak to a Manalapan NJ Defense Attorney about a Drug Case Today

Proetta, Oliver & Fay has been defending those accused of various drug offenses in towns throughout Monmouth County, including Manalapan Township for more than a decade. Our attorneys fully understand what is on the line when a Defendant is charged with a CDS offense in New Jersey. The potential ramifications of even the most minor offenses can be devastating. As such, are our team of attorneys is dedicated to aggressively defending the allegations in order to secure the most favorable outcome for our clients. If you have been charged with possession of CDS, distribution of heroin, possession of MDMA or possession of cocaine, the Law Office of Proetta, Oliver & Fay can help. We serve all of Monmouth County, including towns like Manalapan. If you would like to speak to one of our attorneys today, please contact us at (732)-858-6959.

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