Call Our Wayne Office For A Free Consultation With A Former Prosecutor With Extensive Experience Defending Cocaine Charges
Cocaine is classified as a Schedule II controlled dangerous substance (“CDS”) because of its highly addictive nature and limited medical use. Not surprisingly, an arrest for possession of cocaine in Wayne exposes an individual to an indictable felony crime that must be referred to the Passaic County Superior Court for disposition. If you or a loved one has been charged with cocaine possession it is therefore keenly important that you retain the most talented Passaic County criminal attorney that you can identify. You have definitely landed in the right place in your search since we possess the attributes to win you cocaine case.
We are the Law Offices of Jonathan F. Marshall, a powerhouse criminal firm with offices in Paterson, Wayne and Clifton. More specifically, our team can offer you unique qualification that include:
- Ove 200 years of combined experience representing clients facing cocaine possession charges in Wayne and elsewhere in Passaic County
- Former county prosecutors who have served as the director of the drug task force, major crimes bureau and even entire trial division
- Certified criminal trial attorneys
- A track record of success spending decades
Our Wayne New Jersey criminal attorneys are available 24/7 to address your questions and concerns in a free consultation. Call (862) 203-4070 now to speak to an attorney immediately.
Wayne New Jersey Cocaine Possession Offense
Purposely or knowingly possessing cocaine in Wayne is a crime under N.J.S.A. 2C:35-10a(1). “Possession” does not always mean actual physical possession of the substance. State law allows a police officer to make an arrest based upon constructive possession.
The usual constructive possession scenario begins with police stopping a vehicle for a traffic violation. A drug detecting dog sniffs around the vehicle and alerts to the scent of drugs. Police search and find cocaine in the vehicle. Even though the drug was not found in the pocket or otherwise in the possession of the occupants of the vehicle, everyone can be arrested for cocaine possession because they all had knowledge of its presence and the intention of taking control of it later.
Challenging the constitutionality of searches and seizures can be effective in limiting the evidence available for the prosecution to prove the charge. When your attorney identifies an issue with a police search, such as the lack of probable cause, a motion to suppress any evidence obtained through the unlawful search is made. Statements police might have obtained through questioning or interrogation might also be challenged if police violated your rights under the Fifth and Sixth Amendments to the Constitution.
Penalties for Possessing Cocaine in Wayne NJ
The penalties for violating N.J.S.A. 2C:35-10 depend upon the amount of cocaine you had in your possession or that was found at the location where the arrest took place. Possession of less than one-half ounce of cocaine is an indictable offense in the third degree punishable by penalties including:
A fine up to $35,000
Up to five years in prison
Suspension of your license to drive for at least six months and for as long as 24 months
At least 100 hours of community service if the offense took place within 1,000 feet of a school zone
Penalties increase significantly if you are charged with distribution of CDS in Wayne. This variety of drug offense can grade as high as a first degree crime and expose you to as much as 20 years in prison. It is therefore particularly critical that you hire a skilled attorney if you have been charged with this form of Wayne drug possession offense.
Wayne NJ Cocaine Possession Defense Attorneys
The Wayne cocaine possession lawyers from the Law Offices of Jonathan F. Marshall have the knowledge and experience to ensure you get the most innovative and client-focused defense possible. Contact our Wayne office now by calling (862) 203-4070 to speak to one of our highly accomplished attorneys in a free consultation. A