About Drug Crime Charges in New Jersey

Bergen/Hudson/Passaic/Essex County  Drug Crime Defense Attorney

NJ has some of the top narcotics task forces in the country, both state and federal.  With New Jersey's proximity to New York City, particular attention is paid to the area with regard to the importation of illegal substances through the border, as well as the distribution of the substances throughout the NJ area.  There are multiple "sting" operations and investigations going on at all times, and individuals who are caught in the net of law enforcement on drug charges are facing a serious legal situation.  Although lawmakers have greatly decriminalized the possession of small amounts of marijuana, when an individual is found with any amount above the restrictions they will face criminal charges.  In cases in which individuals have been cultivating marijuana, any amount being cultivated will result in a felony charge.  In cases of large amounts of marijuana, either in cultivation or in possession, the charge is usually possession with the intent to distribute (or traffic).  A conviction in a marijuana possession charge can result in years spent in state prison, particularly in cases in which over 1000 lbs. of marijuana is found or a school zone violation is charged. 

Drug Crime Defense Lawyer in NJ

Other types of drug crimes that can cause serious damage to the individual if they are convicted include possession of any amount of a narcotic substance such as heroin, cocaine, LSD, ecstasy, meth or other "hard" drug.  If you are found to possess one of these drugs, it is likely that you will face a felony offense, depending upon the amount and type of drug found.   No drug crime case should be handled without a skilled New Jersey criminal defense lawyer fighting on your behalf.  Rafael Gomez has many years of experience in all types of drug crimes, including the most serious of criminal drug crime cases. 

Ensuring that your rights regarding search and seizure were not violated is an important aspect of any drug crime case, as well as all the details on police procedure.  When violations occur, they can be exploited on behalf of the client by filing court challenges to suppress evidence illegally obtained.  Rafael Gomez is prepared to review and evaluate your case and to advise you of your options in the case.

Possession of CDS (Controlled Dangerous Substances) is covered by N.J.S. 2C:35-10.

2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition

     2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.

     a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:

     (1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;

     (2) Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;

     (3) Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or

     (4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.

     Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.

     b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.

     In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.

     c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.