• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-709-7757
  • About The Firm
    • Why Choose Villani & DeLuca
    • Press Room
  • Our Attorneys
    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
    • Jay Turnbach, Esq., Of Counsel
  • Areas of Practice
    • Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Liquor License
  • Legal Resources
    • Divorce
      • New Jersey Online Divorce
      • Ocean County Divorce Mediation
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • ABC
  • Client Testimonials
  • Contact

Being Under the Influence of Drugs in NJ

marijuana and pillsThe acronym CDS stands for “Controlled Dangerous Substances” and if a person is charged with being under the influence of a controlled dangerous substance in New Jersey, such as marijuana, cocaine, heroin and many others, there can be serious charges and expensive punishments levied against them. These punishments can vary from fines, enrollment in treatment programs and even incarceration. If an individual is charged with being under the influence of a CDS, it can trail them for a long time and influence every aspect of his or her life.

Charged with Being Under the Influence of Drugs

Being arrested and charged with being under the influence of a CDS is a disorderly persons offense in New Jersey under statute N.J.S.A. 2C:35-10. Additionally, if the individual charged fails to hand over the drug to the authorities when arrested, they can also face a second disorderly persons offense under the same law. If found guilty of a disorderly persons offense in New Jersey, the penalties can be up to 6 months incarceration and a $1,000 fine.
New Jersey law states that an individual under the influence will be charged with this offense if the drug is being used for a reason other than illness or for the treatment of an injury after being dispensed by a licensed doctor. If neither condition can be established under the evidence, then there will be a disorderly persons charge against the person accused.
For the prosecution to gain a conviction of a disorderly persons offense, they don’t even need to prove what drug the defendant was under the influence of. If, for example, the individual appears to be high on marijuana, it is not necessary to prove that it was marijuana that the person used. Simply having reason to believe the person was under the drug by observing some physical piece of evidence is enough to achieve a conviction. With a heroin suspect, needle marks may be enough for the conviction or the smell of marijuana may be sufficient in a marijuana case.

Penalties for Being Under the Influence of Drugs

Depending on the individual’s criminal history, he or she may be fined as much as $1,000 and forced to pay for court costs. In addition, there might be jail time or other treatment-style punishments and required assessments by the Victim of Crime Compensation Board (VCCB) and the Safe Neighborhood Fund (SNSF). To make it more punitive, the individual’s driver’s license may be subject to suspension for at least six months and possibly for as long as two years.
For a first time offender, a conditional discharge may be an option. The conditional discharge of a drug charge may help avoid a criminal record and severe penalties.

Find a Qualified Drug Law Attorney

When charged with any crime, it is important to know your rights and secure experienced legal representation to help you keep the punishments for any charge to a minimum. The lawyers of Villani & DeLuca in Point Pleasant Beach, New Jersey have the experience and knowledge of the ins-and-outs of New Jersey law to assist you in getting the best possible resolution to your charge of being under the influence of drugs.
Have you or a loved one been charged with a disorderly persons offense due to being accused of being under the influence of a CDS? If so, contact Villani & DeLuca to discuss your case. With extensive experience in assisting clients throughout Monmouth County and Ocean County, Villani & DeLuca can help you with your case. The drug law attorneys at our office will fight to get the charges reduced or dismissed completely so there is no blot on your record preventing you from getting a job, entering military service, being admitted to school or any other endeavor that may be hindered by such a charge. Call Villani & DeLuca today for a free consultation about your charge.

Primary Sidebar

Free Consultation

Recent Posts

  • Villani & DeLuca Divorce Attorneys in Toms River
  • Villani & DeLuca P.C. Attorneys at Law, Rings in the New Year Expanding its Divorce & Family Law Practice in Ocean County, New Jersey
  • Divorce Mediation Consultant
  • Divorce in New Jersey- Who Gets the House?
  • Divorce Papers

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-709-7757

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-595-4213

info@villanideluca.com

Get Directions

Brick Office

Office

186 Mantoloking Rd #1

Brick, NJ 08723

Phone: 732-504-3391

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-709-7757

Villani & DeLuca P.C. BBB Business Review

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2021 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap
X
Free Consultation: Schedule Now Call Now: 732-709-7757