Passaic County Drug Possession Attorneys

Types of Drug Crime Cases Our Passaic County Criminal Defense Law Firm Handles

Although we’ve frequently handled drug possession cases under N.J.S.A. 2C:35-10, and drug paraphernalia cases under 2c:36-2, we’ve taken on clients facing a variety of drug offense charges. These include:

How New Jersey Classifies Controlled Dangerous Substances

New Jersey’s penalties for drug crimes can be severe, and they vary depending on the degree of the charge. A conviction can be as minor as a petty disorderly persons offense with a fine up to $500, or as major as 10 to 20 years in a state prison and a fine up to $200,000.

The degree depends in part on the amount of drug as well as how New Jersey law classifies certain drugs as “controlled dangerous substances,” or CDS. These drugs are highly regulated because of their high potential for abuse.

• Schedule I Controlled Dangerous Substances: These include marijuana and synthetic marijuana, heroin, hash, MDMA, LSD or acid, psilocybin mushrooms. They have no accepted medical use in treatment in the United States.
• Schedule II Controlled Dangerous Substances: These include cocaine, methadone, hydrocodone, oxycodone, morphine, fentanyl, codeine, Ritalin, Adderall, and methamphetamines. They are accepted for medical use in treatment nationwide, or medical use with severe restrictions.
• Schedule III Controlled Dangerous Substances: These have a lesser potential for abuse than those listed in Schedules I and II and are currently accepted for medical use in treatment nationwide. They include testosterone, ketamine, anabolic steroids, and Tylenol with codeine.
• Schedule IV Controlled Dangerous Substances: These have a low potential for abuse compared with the substances in Schedule III and are currently accepted for medical use in treatment nationwide. But they can lead to limited physical or psychological dependence. They include alprazolam (Xanax), diazepam (Valium), clonazepam (Klonopin), Darvocet (propoxyphene and acetaminophen), and zolpidem (Ambien).
• Schedule V Controlled Dangerous Substances: These have a low potential for abuse compared with the substances in Schedule IV, and they also are accepted for medical use in treatment nationwide. They have limited physical or psychological dependence. They include low doses of codeine, opium, ethylmorphine, dihydrocodeine, and diphenoxylate.

Common Defenses to Drug Charges in Passaic County

As Passaic County defense attorneys, we’ve seen many times how law enforcement officers and prosecutors act like defendants are facing an open-and-shut case, but that’s rarely true. There are several reasons a case can be dismissed, charges can be reduced, or defendants found not guilty.

Our seasoned Passaic County drug crimes defense lawyers are prepared to ask tough questions in building your defense, such as:

• Were the drugs in your “possession”?
• If you’re charged with possession with intent to distribute, is this based on possession of a household scale, a large sum of cash, or drug paraphernalia?
• Was there probable cause for a traffic stop or search?
• Were you subject to an illegal search and seizure to obtain the evidence against you?
• Did a law enforcement officer find drugs on you while patting you down for a weapon?
• Were you identified in a misleading way, such as a flawed lineup?
• If test results are part of the evidence against you, was there any indication of problems with the equipment that obtained those results?
• Did an officer read your Miranda rights once were arrested or whenever you did not think you were free to leave?

At the Law Offices of Jonathan F. Marshall, we believe in our clients’ right to a robust defense, and we will tenaciously guard your rights through every step of the legal process.

More Information on New Jersey Drug Laws

Many of our clients want to understand New Jersey law better and research their charges. We’ve gathered some resources here to assist you.

• Definitions of Key Terms under New Jersey Drug Laws
• N.J.S.A. 2C:35-10. Possession of Controlled Dangerous Substance (“CDS”)
• N.J.S.A. 2C:43-3. Fines for Drug & Controlled Dangerous Substance (“CDS”) Offenses
• N.J.S.A. 2C:35-5. Manufacture or Distribution of Controlled Dangerous Substances (“CDS”)
• N.J.S.A. 2C:35-7.1. Sell or Distribute in Public Park or Housing Project
• N.J.S.A. 2C:35-4.1. Booby Traps and Fortification of Premises Used to Distribute CDS
• N.J.S.A. 2C:35-7. Distribution or Possession of Controlled Dangerous Substances in a School Zone
• N.J.S.A. 2C:35-3. Leader of a Narcotics Trafficking Network

Talk to a Passaic County Drug Crimes Defense Attorney for Free Today

The Law Offices of Jonathan F. Marshall are glad to answer any questions you have about New Jersey’s drug laws, the penalties you may face, and any other concerns about your particular circumstances.

We offer an initial free, no-obligation consultation so you can learn how we can best serve you. Visit us today at our Wayne office at 73 Mountainview Blvd., contact us through our website’s e-mail, or call us now to find out more about your best legal options.