Freehold NJ Drug Possession Lawyers
Whether it be cocaine, marijuana, heroin, Molly, ecstasy, ketamine or prescription drugs like Xanax, Roxy, Oxycontin, Percocets, the penalties if convicted for the possession of a controlled dangerous substance are devastating. A drug conviction could prevent an individual from being accepted into their dream college, obtaining / maintaining gainful employment, and could even cost someone their professional license as well. If you have been arrested and charged with possessing a controlled dangerous substance in Monmouth County in towns like Hazlet, Aberdeen, Neptune, Wall, Tinton Falls, Ocean Township, West Long Branch, Marlboro, Manalapan or Sea Bright, the attorneys at Proetta & Oliver can help. Our attorneys have successfully handled hundreds if not thousands of drug possession charges in courts throughout New Jersey, including in Monmouth County. In addition to possession charges, our attorneys have represented clients charged with the possession of heroin with the intent to distribute, manufacturing marijuana and being a leader of a narcotics trafficking network as well. To speak to one of our criminal defense attorneys today about your options, then please contact us at 732-858-6959.
Looking To Speak to a Lawyer for Drug Case in Monmouth County?
As you can tell from above, the collateral consequences for individuals convicted of possessing a controlled dangerous substance can be devastating. Obviously that is not even taking into consideration the actual penalties which include but are not limited to incarceration, probation, high fines, license loss, community service and even court ordered rehab. If you have been charged with a drug possession offense in Monmouth County and would like a free initial consultation today then please contact us directly at (732)858-6959. Our attorneys are available around the clock to help assist in anyway possible. We are well aware that no two clients let alone no two cases are the same. As such, we will formulate a game plan that works best to suit your specific needs. Now here is some vital information on some of the key aspects of almost every drug charge.
How Serious is a Drug Charge in New Jersey?
The penalties an individual faces for possessing a controlled dangerous substance really depends on the type of drug possessed. Every controlled dangerous substance besides marijuana will automatically be considered a felony offense. All felony offenses will be heard in the Monmouth County Superior Courthouse which is located in Freehold, New Jersey. Conversely, every disorderly persons offense (misdemeanor), which in essence is possession of marijuana under 50 grams, will be heard in the local municipal court where the offense arises out of. Here is a further breakdown of the different potential drug charges and the applicable penalties if convicted.
What is the Sentence for Felony Drug Possession Charges in NJ?
If you are charged with possessing heroin, crystal meth, crack cocaine, cocaine, Molly, ketamine, ecstasy, bath salts or mushrooms you will be charged with a third degree felony. A third degree felony is punishable by up to five (5) years in a New Jersey State Prison, a fine up to $35,000, a $1,000 Drug Enforcement and Demand Reduction Penalty (DEDR) and a loss of driving privileges. For more information on specific drug charges please see below:
With regards to marijuana, provided the marijuana possessed at the time arrest was under 50 grams, a Defendant will be charged with a disorderly persons offense, also known as a misdemeanor. A disorderly persons offense is punishable by up to six (6) months in the Monmouth County Jail, a fine up to $1,000, a $500 Drug Enforcement and Demand Reduction Penalty (DEDR) and a loss of driving privileges. If a Defendant is caught possessing more than 50 grams they will be charged with a fourth degree felony. A fourth degree felony is punishable by up to eighteen (18) months in a New Jersey State Prison, a fine up to $10,000, a $750 Drug Enforcement and Demand Reduction penalty (DEDR), and a of driving privileges. For more information on marijuana charges, please see below:
*It is important to note here that as of 2021 the majority of the laws associated with Marijuana in New Jersey been eliminated.
Can I avoid Jail Time for Drug Possession Charges in NJ?
With that being said, a Defendant charged with possessing a controlled dangerous substance may be eligible for one of New Jersey’s diversionary programs. Depending on the underlying offense and a Defendant’s criminal history, they may be eligible for either the Pretrial Intervention Program, the Conditional Discharge Program or Drug Court. If the Defendant is eligible and if they successfully complete either the Pretrial Intervention Program or the Conditional Discharge Program they will not only never serve a day in jail but they will also walkaway without a criminal record as well. For more information on these programs, including the eligibility criteria please click the links or feel free to contact our office at (732)858-6959.
Ways to Contest a Drug Possession Charge in Monmouth County
The ways to challenge a drug possession charge in a court of law can be endless. One of the more common ways to contests a drug charge in New Jersey will be to contest the admissibility of the drugs at a trial. To do so, an experienced defense attorney can look to attack the prosecution’s proof’s by:
- Filing a Motion to Suppress the Evidence:
- Was there Probable Cause?
- Was there Valid Consent Given?
- Was the Evidence Really in Plain View?
- Filing a Miranda Motion to Suppress any Statements:
- Was the individual Mirandized?
- Was the statement Knowingly?
- Was the statement Voluntarily?
- Was the individual Mirandized?
- Challenge the Possession Aspect:
- Was there Actual Possession?
- Was there Constructive Possession?
- Was there Joint Possession?
Experienced Drug Possession Defense Attorneys in Middletown NJ
If you have been charged with a drug possession offense in Monmouth County, the attorneys at Proetta & Oliver can help. Our office aggressively and zealously advocates on our client’s behalf. Almost all drug possession and distribution charges revolve around some form of a search or seizure. This is where an experienced criminal defense attorney can make a difference. An experienced Monmouth County criminal defense lawyer can spot a search issue and file a motion to suppress. If successful, the underlying charges will most likely have to be dismissed. If you would like to come into our office and discuss your options with Mr. Oliver then please contact us at (732)858-6959. We are located at 18 Kings Highway in Middletown, directly across the street from the Middletown Municipal Court. Please remember our initial consultations are always free and we serve all of Monmouth County, including Sea Bright, Marlboro, Freehold, Atlantic Highlands, Tinton Falls, Howell, Manalapan, Lake Como, Belmar, Manasquan and Sea Girt.