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Criminal Defense Lawyers
  • Over 100 Years of Combined Experience
  • Practice Exclusively in DUI & Criminal Defense
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Princeton Drug Possession Lawyer

Charged With Possessing Marijuana, Cocaine, Heroin, LSD, MDMA, Prescription Drugs or other CDS in Princeton New Jersey

Drug possession is one of the most common criminal offenses handled by officers of the Princeton Police Department. Contrary to what you might have thought after hearing or reading about some states changing their laws to decriminalize certain drugs, possession of a controlled dangerous substance (“CDS”) continues to carry harsh penalties, including imprisonment, fines and suspension of your license to drive for up to two years. This is the case whether you were charged in Princeton for possessing heroin, cocaine, LSD or MDMA (a.k.a. Molly or Ecstasy) or something at the other end of the spectrum like marijuana, Xanax, Adderall or another prescription drug. Hiring a lawyer with the skills to avoid a conviction is probably the biggest weapon you possess to avoid the negative consequence of a drug possession charge in Princeton New Jersey.

The defense attorneys at the Law Offices of Jonathan F. Marshall represent an excellent option for defending your Princeton CDS possession offense.  The practice of our lawyers is dedicated exclusively to criminal law with several members having unique insight into the process as former prosecutors. It also helps that our team has more than 100 years of collective experience handling cases in both Princeton Municipal Court and at the Mercer County Superior Court in Trenton NJ. To find out how we can help you, call our Princeton Office at 609-683-8102. A skilled lawyer is available 24/7 to discuss your drug case.

Controlled Dangerous Substance Possession in Princeton New Jersey

Drugs are classified in five (5) controlled dangerous substance in schedules found in N.J.S.A. 24:21-5 through 24:21-8.1. A particular CDS is assigned to a schedule according to its potential for abuse and the presence or absence of an accepted medical use. Substances contained on Schedule I include heroin, LSD and MDMA. Cocaine, opiate pain medication like Fentanyl, Oxycodone, Hydrocone, and certain stimulants (e.g. Adderall), are contained on Schedule II. Schedule III includes Ketamine and Suboxone. The most noteworthy drugs on Schedule IV are Adderall, Xanax and Valium.

In accordance with N.J.S.A. 2C:35-10, it is illegal to knowingly possess any form of CDS within a prescription. Someone can possess drugs in violation of this law either directly or constructively. Direct or actual possession means the drugs/CDS is on the person of the accused including in their pocket, purse, jacket or otherwise in their control. Constructive possession applies where the substance is not in an individual’s direct control but they aware of its presence have both the ability and intention to exercise control in the future. The classic example of constructive possession is drugs hidden or concealed in a car or residence (i.e. apartment or house).

Some of the drugs in the schedules are commonly used to treat medical conditions, but they must be prescribed and taken under the supervision of a doctor. Examples of such medications include Oxycodone, Hydrocodone, Suboxone, Vicodin and Percocet. The fact that a drug or medication is widely prescribed by doctors does not mean you cannot be arrested and charged with committing a crime if you do not have a prescription or if the drug was prescribed for someone else. N.J.S.A. 2C:35-10 makes it a crime to possess a drug prescribed to another person.

You could also be arrested for possessing a controlled dangerous substance analog, which is a so-called “designer drug” that is chemically created to mimic the effects of a controlled dangerous substance. Popular chemical compounds designed to mimic the effects of marijuana include K2 and Spice.

Princeton Drug Possession Penalties

A skilled criminal attorney with experience handling drug possession offenses is an invaluable resource when you are going up against law enforcement personnel with specialized training in enforcing the state drug laws and seasoned prosecutors. Our defense lawyers are thoroughly familiar with the drug laws and use trial techniques and defense strategies proven to be successful in drug possession cases. They aggressively challenge evidence using motions to suppress and other legal defenses designed to weaken the case prosecutors are attempting to build in order help you to avoid the harsh penalties associated with a conviction.

As a general rule, the schedule in which a substance is classified and the amount you are accused of having in your possession determines the penalties you might face if convicted. The headings below outline the penalties that apply under 2C:35-10. We have also incorporated the grading and penalties for prescription drug possession under N.J.S.A. 2C:35-10.5.

Grade Drug/CDS Quantity Fine Incarceration
Disorderly Persons Offense

Marijuana

Prescription Drugs

50 Grams or Less

4 or Less Pills

$1,000 Up to 6 Months
Fourth Degree Crime

Marijuana

Prescription Drugs

Over 50 Grams

5 or More Doses

$25,000

$10,000

Up to 18 Months
Third Degree Crime Heroin, Cocaine, LSD, Methamphetamine, MDMA Personal Possession $35,000 Up to 5 Years

 

In addition to the penalties outline in the chart, an individual faces a 6-24 month suspension of his/her driver’s license upon conviction for possession of CDS. This period of suspension applies on top of whatever is being imposed for possession of CDS in a motor vehicle.

Our lawyers can assist you with two diversionary programs for first time offenders – Pretrial Intervention and Conditional Dismissal. Successful completion of either program allows you to avoid a criminal conviction and associated penalties.

Princeton Drug Possession Attorney

If you are charged with drug possession in Princeton, give yourself a chance to avoid a conviction with an aggressive, well-executed defense from a seasoned attorney from the Law Offices of Jonathan F. Marshall. The lawyers at the firm will take the time to develop an effective plan for you to avert the pitfalls that result from a guilty finding under 2C:35-10 or 2C:35-10.5. To speak to one of the attorneys on our team immediately, call (609) 683- 8102. A lawyer is ready to tackle your drug/CDS case anytime 24/7.

Additional Princeton NJ Legal Resources To Assist You

Princeton NJ Cocaine Possession Attorneys Princeton Marijuana Possession Attorney
Princeton Criminal Lawyer Princeton NJ CDS Distribution Lawyers
Princeton NJ Juvenile Criminal Attorney Princeton University Drug Lawyer

103 Carnegie Center, Suite 300 Princeton NJ 08540
By appointment only

3150 Brunswick Pike, Suite 300, Lawrenceville, NJ 08648

100 Horizon Center Blvd., Hamilton, NJ 08691
By appointment only

We serve clients throughout Mercer County, New Jersey — including Trenton, Hamilton, Princeton Borough, West Windsor, East Windsor, Lawrence Township, Robbinsville, Hightstown, Princeton Township, Ewing and Hopewell — and surrounding areas, including Hunterdon County and Burlington County.

If you have been charged with a crime in Mercer County, New Jersey, it is in your interests to talk to an experienced criminal defense lawyer as soon as possible. For a free consultation, you can call our firm 24 hours a day, seven days a week.

The information you obtain at this site is not, nor is it intended to be, legal advice. This web site is designed for general information only. You should consult an attorney for advice regarding your specific situation. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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