Why you need a New Jersey Drug Charges Lawyer?

Even minor criminal convictions have the potential to completely turn your life upside down. Being arrested for drug possession or distribution can result in criminal charges with life-altering consequences and alter your life for years to come.In most cases, a person is arrested when police discover illegal drugs and drug paraphernalia in their possession.

In other cases, drugs may be discovered at the individual’s home or in his/her vehicle. Cocaine, heroin, methamphetamine and illegally obtained prescription drugs are examples of these drugs.A person could face serious drug charges in either scenario. If convicted of these charges, the penalties may include driver’s license revocation, probation, fines, and even jail or prison time. The worst part about a criminal conviction is that it can leave an imprint on your life in the form of a criminal record, which will most likely follow you for the rest of your life.

While possessing drugs is a serious offense in and of itself, possessing them with the intent to distribute them can have even greater consequences. Based on the amount of drugs found in your possession, possession charges can be upgraded to distribution charges. Without the right New Jersey Drug Charges Lawyer to represent your case, defending either of the charges can be extremely difficult.

Finally, finding the right lawyer is critical because it is difficult for the average person to fully understood what they are facing without competent and professional legal guidance. This post should help you understand the gravity of the situation if you or a loved one is facing drug charges and how they  can jeopardize future opportunities. A skilled lawyer will not only assist you in preparing for the challenges ahead, but he will also ensure that your rights are protected throughout the course of your case.

Before we get started below are a list of a few common drug charges.

COMMON NEW JERSEY DRUG CHARGES:

• 2C:35-5 Possession of a Controlled Dangerous Substance (CDS) with Intent to Distribute
• 2C:35-5 Manufacturing of a CDS
• 2C:35-5 Distribution of a CDS
• 2C:35-6 Employing a Juvenile in a Drug Distribution Scheme
• 2C:35-7 Possession with Intent to Distribute CDS Near or on School Property
• 2C:35-7 Distributing or Dispensing CDS Near or on School Property
• 2C:35-7.1 Distributing a Controlled Substance near Public Housing Facilities, Parks or Buildings
• 2C:35-10 Unlawful Possession of a CDS
• 2C:35-11 Distribution of Imitation CDS
• 2C:35-13 Obtaining CDS by Fraud
• 2C:36-10e Defrauding the Administration of a Drug Test

In a little more detail the statutes provide:

2C:35-5. Manufacturing, distributing or dispensing

it shall be unlawful for any person knowingly or purposely:

(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or

(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

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

1. 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…:

(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 may be imposed;

(2) Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree

2C:36-1. Possession of Drug Paraphernalia

Possession of any item that meets the criteria for “drug paraphernalia” is also illegal in New Jersey. Section N.J.S.A. 2C:36-1 of the New Jersey Statutes defines drug paraphernalia as “all equipment, products, and materials of any kind used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body As a result, if you’re caught with bongs, pipes, rolling papers, grinders, or even seemingly innocuous items like spoons, you could be charged with drug paraphernalia. Notably, possessing a hypodermic needle or syringe is a separate criminal offense. Both of these offenses are considered disorderly persons offenses.

What is CDS?

“Controlled dangerous substance” means a drug, substance, that is covered by New Jersey’s Controlled Dangerous Substances Law listed under Schedules I through V of article 2 of P.L.1970, c.226 (C.24:21-1 et seq.).  It does not include distilled spirits, wine, malt beverages, as those terms are defined or used in R.S.33:1-1 et seq., or tobacco and tobacco products.

What are the Schedules?

Schedule I CDS

A Schedule I drug is classified as such if it: (1) has high potential for abuse; and (2) has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision. Some examples of Schedule I controlled dangerous substances include: heroin, MDMA, LSD and others.

Schedule II CDS

A Schedule II drug must meet the following criteria: (1) has high potential for abuse; (2) has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and (3) abuse may lead to severe psychic or physical dependence. Some examples of Schedule II controlled dangerous substances include: Cocaine, Vicodin, Morphine, Adderall, Ritalin and others.

Schedule III CDS

A Schedule III substance is considered as follows: (1) has a potential for abuse less than the substances listed in Schedules I and II; (2) has currently accepted medical use in treatment in the United States; and (3) abuse may lead to moderate or low physical dependence or high psychological dependence. Some examples of Schedule III controlled dangerous substances include: Suboxone and Ketamine.

Schedule IV CDS

A Schedule IV drug (1) has low potential for abuse relative to the substances listed in Schedule III; (2) has currently accepted medical use in treatment in the United States; and (3) may lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule III. Commonly known Schedule IV drugs include: Xanax, Valium and Klonopin.

Potential Criminal Penalties for New Jersey Drug Charges

Under N.J.S.A. 2C:35-10, Possession of Narcotics or Controlled Dangerous Substances, which can include cocaine, heroin, methamphetamine, acid, ecstasy, GBH, and all other illegal narcotics, stimulants, hallucinogens, opiates, or depressants, an individual faces three to five years in prison, a fine of $1,000 to $25,000, loss of driver’s license, mandatory drug education

Possession of Drug Paraphernalia is a crime that can lead to criminal charges. Individuals charged with possession of drug paraphernalia under N.J.S.A. 2C:36-2 face up to six months in prison, a fine of $500 to $1,000, and a two-year suspension of their driver’s license.

A person charged with Simple Possession of Unauthorized Prescription Drugs faces a third-degree indictable offense punishable by up to five years in prison and substantial fines.

Other impacts from New Jersey Drug Charges

The Impact on Loan Eligibility

When applying for loans with banks or other financial institutions, having a criminal record may result in an immediate denial. Because financing and loan companies want to ensure that the loan is repaid on time, they will consider you a high risk client. This will impact your ability to obtain a home loan, a car loan, a student loan, and a variety of other types of loans.

The Impact on Your Ability to Rent a House

Landlords are likely to be very hesitant to rent to a criminally charged tenant. If you want to rent a house, you may find it difficult because most landlords will look into a potential tenant’s background and while it is our belief that a conviction for a drug offense doesn’t indicate you are not an honest and stable person, unfortunately not everyone else thinks like that.

A drug conviction on your criminal record will not only make the landlord suspicious of you and your activities, but it may also cast doubt on your ability to pay rent on time.

The Impact on Child Custody

If you are involved in a child custody dispute, a criminal conviction on your record could be your undoing. It is highly likely that your character will be called into question because of a previous conviction.

It is obvious that none of the parents would willingly relinquish custody of their children. To that end, they will use any means available to cast doubt on the other parent’s ability to raise or even be around the children.

Several custody battles become murky when arrests that did not result in convictions are brought up.

Furthermore, your ability to adopt children in the future may be jeopardized.

Forfeiture of Assets

If you are arrested for drug possession with intent to distribute or for manufacturing the state may take your house, car, money, and other assets.

This is possible even if the charges against you are later dropped or you are acquitted at trial. This heinous law is referred to as asset forfeiture and is completely legal under N.J.S.A. 2C:64-3.

Implications for Life

You should be aware that unless they are expunged or sealed, all criminal records are public. This means that even a simple background check on you could reveal all of your previous convictions to everyone.

This can make it difficult to move on because prospective employers, lenders, partners, and even complete strangers may be aware of your criminal history.

Furthermore, the Internet can reveal more information about your conviction records, which will only become easier as more legal entities begin digitizing their physical files.

Ways to avoid the above outcomes

Diversionary Programs

In New Jersey, defendants with no prior records may be eligible for diversionary programs. Pretrial Intervention Program (PTI), Conditional Discharge, and Conditional Dismissal are examples of these. If you are a first time offender you may be able to avoid a criminal conviction altogether through one of these programs. Defendants must demonstrate that they are worthy of admission to these programs and then successfully complete it to get the benefit, but they can be an extremely beneficial way to maintain a clean record and get your life back on track.

Recovery Court (formerly known as Drug Court)

The recovery court program’s mission is to assist defendants in overcoming alcohol and other drug addictions while resolving related criminal charges. Recovery courts are a highly specialized program that addresses nonviolent drug-related cases within the existing Superior Court structure. They are distinct in the criminal justice system because they foster close collaboration between criminal justice and drug treatment professionals.

The recovery court judge leads a team of court personnel, attorneys, probation officers, substance abuse evaluators, and treatment professionals who collaborate to support and monitor the recovery of participants. The program strikes an important balance between authority, supervision, support, and encouragement.

Recovery court programs are rigorous, requiring intensive supervision based on frequent drug testing and court appearances, as well as tightly structured treatment and recovery services regimens. When participants fail to comply with the program, this level of supervision allows the program to support the recovery process while also allowing supervisors to act quickly to impose appropriate therapeutic sanctions or to reinstate criminal proceedings.

Recovery Court oftentimes offers graduates a way to get their records expunged on the date of graduation. However, not all offenses and participants are eligible so verification with your New Jersey Drug Charges Lawyer is necessary.

Ultimately, drug court offers a pathway to help people in need rather than punish them. If you are accused of a nonviolent offense and want to learn if you are eligible for drug court, get in touch with us!

Defending against New Jersey Drug Charges

Drug cases are dismissed or charges are reduced for a variety of reasons every day. Additionally, defendants are found not guilty in court, motions are granted, and plea bargains are made. If you have been arrested on drug charges, the sooner you retain the services of a New Jersey Drug Charges Lawyer at J. Moore Law LLC, the sooner we can get to work coming up with the best defense that works for you.

As soon as we are retained as your defense attorneys in investigation into your charges can begin. We will look into the pertinent areas like:

• Evidence produced as the result of an unlawful search and seizure
• The justification by police in stopping and searching you
• The justification by police in searching your vehicle
• Discovery of CDS while being patted down for a weapon
• Issues with identification procedures used by police
• Arrest was the result of some form of profiling
• Statements against your interest were made as a result of miranda violations
• Where the items in your “possession” actually in your control
• Other issues with constructive possession of the items you were alleged to have
• Are the substances CDS
• Inadequate test results based upon malfunctioning equipment or other issues with the testing
• Possession with intent to distribute based solely upon drug paraphernalia

To build a strong defense against drug charges, we will investigate all aspects of the allegations against you. We will work diligently to seek the best available outcome for you when facing these charges. If you are facing possession or distribution or any other narcotics related offenses you want a New Jersey Drug Charges Lawyer with experience fighting these types of offenses on your behalf. Please reach out and contact J Moore Law LLC, an experienced New Jersey Drug Charges Lawyer.

HOW J MOORE LAW LLC CAN HELP YOU IN OTHER CASES

J Moore LLC provides free consultation on various legal issues like

• DUI
• Domestic Violence
• Assault
• Gun Charges
• Drug Crimes
• Traffic Ticket

And many others.

We practice locally in areas like:

• Camden
• Collingswood
• Cherry Hill
• Gloucester Township
• Winslow
• Pennsauken
• Voorhees
• Lindenwold
• Haddon Township
• Gloucester County
• Burlington County

And all other locations throughout New Jersey!