Drug Offenses | Drug Possession
Possession of Illegal Drugs
In New Jersey, being charged with the possession of illegal drugs, use of illegal drugs or being under the influence of illegal drugs is a very serious criminal matter. If you have been arrested for marijuana possession, arrested for cocaine possession, arrested for heroin possession, or arrested for prescription drug possession, you need an experienced and aggressive New Jersey criminal defense attorney to fight for your interests and protect your future.
Call the criminal defense law firm of Villani & DeLuca, P.C. today at 732-892-9050, or contact us.
Partner, Carmine R. Villani, Esquire, leads our team of experienced criminal defense attorneys. For more than 18 years, Mr. Villani has regularly appeared in New Jersey Superior Court in Monmouth County and Ocean County, defending clients with serious criminal charges, including those arrested for marijuana possession and possession of other illegal drugs. Mr. Villani is the attorney for marijuana possession.
In New Jersey, it is illegal to knowingly or purposefully obtain or possess a controlled dangerous substance. Under New Jersey’s law (New Jersey Statute 2C:35-10), the statutory element of possession is satisfied where that possession is merely constructive. Constructive possession of drugs is satisfied, for example, where drugs are found nearby an individual, in a place where he or she can readily access such drugs. Actual possession, as the term implies, refers to drugs being located on an individual’s person. Whether your case involves actual or constructive possession, you need a NJ drug attorney to defend you.
Constructive possession cases are sometimes difficult for the State to prove, because the presence of other people at the scene and other factors can introduce reasonable doubt as to whether or not the drugs actually belonged to the person charged. At the scene of a drug bust or arrest, police, upon discovering drugs, will typically charge all the people present with drug possession. It will be left to the prosecutor, pending further investigation, to decide whether to prosecute any individual charged. Sometimes, an experienced criminal defense New Jersey drug lawyer can convince the prosecutor to dismiss the charges against individuals charged based on constructive possession.
If you’ve been charged with drug possession, it is critical that you retain the services of an experienced and skilled New Jersey criminal defense attorney immediately, so the attorney can discuss your case with the assistant prosecutor handling your case. Such a discussion raises the possibility that you can avoid some or all of the serious penalties that result from a conviction of a drug possession charge.
Call the experienced criminal defense law firm of Villani & DeLuca, P.C. today at 732-892-9050. The consultation is free. Mr.Villani will take the time to discuss the facts of your case. If you are a first time offender, Mr. Villani will determine whether or not you may be eligible to enter a diversionary program, such as Pretrial Intervention, or whether you can obtain a conditional discharge.
These diversionary programs may save your job or ability to obtain employment. For example, if you are either employed or intend on becoming employed as a teacher or employee of a public school system in regular contact with pupils, a conviction for possession of illegal drugs will result in your inability to obtain or retain employment as this charge is a “disqualifying” offense barring an individual from employment within a public school system. (New Jersey Statute 18A:6-7.1).
Mr. Villani knows and understands that you want to avoid jail time, probation, or the payment of a large fine. Mr. Villani will thoroughly review your matter and determine the best way to move forward. Mr. Villani and the entire Villani & DeLuca, P.C. criminal defense team are committed to helping you get your life back on track, and your legal troubles behind you.
2C: 35-10. Possession, use or being under the influence, or failure to make lawful disposition.
a. 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, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:
(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 $35,000.00 may be imposed;
(2) Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;
(3) Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or
(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.
Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.
b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.
In a prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.
c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
L.1987, c.106, s.1; amended 1988, c.44, s.5; 1997, c.181, s.6.
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Contact one of our criminal defense attorneys or call our criminal defense law firm for a free consultation at 732-892-9050.Call us today to discuss your drug possession charge.