In accordance with N.J.S.A. 2C:35-10, it is a third degree crime to possess cocaine. A third degree crime is a felony offense under New Jersey law. Being under the influence of cocaine is a disorderly persons offense. If you were charged with possession or being under the influence under 2C:35-10, do not hesitate to give one of our cocaine possession defense lawyers a call at 862-203-4070 for a free initial consultation. Our team of Passaic County criminal defense lawyers have been representing clients charged with various drug offenses like marijuana distribution, heroin possession, possession of cocaine with the intent to distribute and marijuana possession for over a decade. With over 100 years of combined experience on staff, we have seen it all.
Clifton NJ Cocaine Possession Attorneys
Definition of Possession Under New Jersey Law
In many cocaine cases, the accused is found in actual physical possession of the drug. However, another way a person can possess cocaine is through “constructive possession”. This variety of possession crops up where an individual does not have the drug on him but it can be established that he or she had knowledge of the existence of the cocaine and also had the intention and ability to take control over it in the future. The classic scenario is where multiple individuals are found in a car or dwelling with the drugs concealed. If the accused knew of the cocaine and planned on taking control of it, then it does not matter that he lacked physical possession in terms of a violation of N.J.S.A. 2C:35-10. It is also important to keep in mind that possessing any amount of cocaine is a crime in New Jersey, a felony at that.
Under the Influence of Cocaine
Another cocaine offense created under N.J.S.A. 2C:35-10 is being under the influence of coke. In order for the prosecutor to prove an under the influence charge, it isn’t necessary for prosecutor to prove that the effecting drug was cocaine but simply that the defendant manifested physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog. This gives the State greater latitude in proving that the defendant was in fact under the influence.
Grading of Cocaine Possession & Influence Charges
It is a third degree felony offense to possess cocaine. Being under the influence of cocaine is a disorderly persons offense. This would be considered a misdemeanor.
Penalties: Cocaine Possession
Possession of cocaine is a third degree crime under NJ law. A third degree crime carries jail exposure of 0-5 years in prison. The presumptive sentence for someone convicted of third degree cocaine possession is 3-5 years. The fine is a maximum of $35,000. There is also mandatory community service of 100 hours if the cocaine was possessed within 1,000 feet of a school or on a school bus. Lastly, anyone convicted of possessing cocaine faces a drivers license suspension of six (6) months to two (2) years.
Cocaine Possession Charges in Wayne NJ
Call Our Cocaine Defense Lawyers for immediate assistance. Our former prosecutors and experienced defense lawyers have the knowledge and skill to identify the best course of action to win your case. We have been successfully representing clients in towns like Wayne, Totowa, Woodland Park, Little Falls, North Haledon and Bloomingdale for over a decade. Call us now at 862-203-4070 for sound guidance.