Possession of Illegal Drugs in NJ
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, cocaine possession, heroin possession or prescription drug possession, you need experienced and aggressive Drug Possession Lawyers to fight for your interests and protect your future. Call the criminal defense law firm of Villani & DeLuca, P.C. today at 732-965-3350 for a free initial consultation.
Partner, Carmine R. Villani, Esq. leads our team of experienced drug possession lawyers. For more than 20 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.
Constructive Possession is Enough
In New Jersey, it is illegal to knowingly or purposefully obtain or possess a controlled dangerous substance. Under N.J.S.A. 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.
A Diversionary Program May be an Option for You
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 732-965-3350. 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 Pre-Trial 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.
Call An Experienced NJ Drug Possession Lawyer
Contact one of Villani & DeLuca’s criminal defense attorneys at 732-965-3350 for a free consultation about your drug possession charges. We represent clients throughout Ocean County and Monmouth County, New Jersey.