Drug Possession Lawyer in Edison NJ
If you have landed on this page, it likely means that you have been charged with possession of a controlled dangerous substance in Edison Township. Whether this charge arose from possession of cocaine, possession of heroin, possession of marijuana, possession of methamphetamine, possession of LSD, possession of MDMA (Molly/Ecstasy) or any other drug listed in Schedules I, II, III, IV, or V is irrelevant. These are serious felony offenses and ones that you cannot afford to face without the best possible legal representation in your corner. Here at the Law Offices of Jonathan F. Marshall, we pride ourselves on our ability to get the best possible results for our clients. With over 100 years of collective experience defending against drug possession charges around the State and a number of decades spent appearing in Edison Township drug possession cases, we have the knowledge and experience to help you in your time of need.
Edison Township Possession of CDS Charges
Under NJSA 2C:35-10, a person can commit a controlled dangerous substance possession crime in a number of ways. Specifically, the statute reads that “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…” There are several things that one can glean from even the most cursory reading of this language. First and foremost, the law requires a state of mind of at least knowledge for a person to be guilty of this offense. It is not enough for a conviction to be obtained that a person either recklessly or negligently came to be in possession of a controlled dangerous substance, they must have had either the knowledge or the intent to do so. Second, and less favorable to potential defendants, this possession can be either actual or constructive possession. Actual possession is easy enough to explain as the situation where an officer actually finds the drug on the person of the defendant. Constructive possession, on the other hand, covers all of those situations where, though not in actual possession, the defendant knows of the presence of the drugs and has both the ability and the intent to exercise control over them. The most common example of constructive possession is where an officer finds the offending substance in a person’s automobile. If, therefore, the prosecution can prove that the accused had either knowledge or purpose to possess and did actually or constructively possess a controlled dangerous substance, then, and only then, will they be able to obtain a conviction.
Experienced Drug Attorneys To Defend You In Edison
Typically speaking, where the charge is possession of a controlled dangerous substance (CDS), the sentencing guidelines mandate that the offense be treated as either a third degree felony or fourth degree felony. It is a third degree felony where the controlled dangerous substance is located in Schedules I, II, III, or IV. It is a fourth degree felony where the controlled dangerous substance is located in Schedule V. It is of note that marijuana is the only controlled dangerous substance that is handled separately for the purposes of drug possession charges. A third degree felony can lead to incarceration for between 3 and 5 years, as well as fines, deviating from normal sentencing standards, of up to $35,000. A fourth degree conviction can lead to incarceration for up to 18 months as well as fines of up to $10,000. In addition, where the possession charge occurs near a school zone or on school property, the offender will also be required to perform not less than 100 hours of community service.
Edison Drug Possession Attorneys
Any criminal offense that can lead to such heavy fines and lengthy periods of incarceration is worthy of significant attention on your part. Your first step in this effort needs to be locating the best attorney to defend you Edison criminal offense. The drug possession attorneys at our office include a team with hundreds of CDS possession cases in both Edison and at the County Courthouse in New Brunswick under their belt. Our team of former prosecutors and experienced defense attorneys stand ready to help you. Do not hesitate to contact us today for a free consultation about what we can do to help you obtain the best result on your drug possession charge arising in Edison Township.