Essex County
Drug Defense
Lawyer

Essex County Drug Defense Lawyer

Essex County Drug Defense Attorney

Facing an Arrest? Call the Law Offices of Robert Tsigler, PLLC.

In New Jersey, it is against the law to possess, distribute, or manufacture controlled, dangerous substances, and there can be lasting consequences if you are convicted of such a crime. Criminal charges can range from possession of small quantities of marijuana to the drug trafficking of heroin or cocaine. It is crucial that you hire an Essex County drug defense lawyer if you’re facing any kind of drug charges.

Our legal representatives at the Law Offices of Robert Tsigler, PLLC, work diligently to fight for and protect the rights of our clients. We can provide each case with personalized attention and unique defense strategies after an arrest. We prioritize our clients’ needs and make sure we help them achieve the most favorable outcomes in their cases. As criminal defense lawyers, we provide invaluable support, guidance, and representation at every stage of the legal process.

Drug Charges and Penalties in Essex County

Drug crimes in Essex County, NJ, are taken very seriously, and most are charged as indictable offenses (felonies). Charges and penalties are generally determined by the crime committed, the specific drug involved, and the amount of the drug. The state has five drug schedules, with Schedule I drugs being the most dangerous and Schedule V being the least. Schedule I drug offenses are usually put in the most serious criminal offense category and carry the harshest penalties.

Disorderly Persons Offense (Misdemeanor): The least severe offense in New Jersey, it includes possessing a certain amount of marijuana or drug paraphernalia.
Fourth-Degree Drug Offense: This is the least severe indictable offense in New Jersey. It involves the illegal possession of a Schedule V drug or the possession, distribution, or manufacturing of a certain amount of marijuana or hashish.
Third-Degree Drug Offense: Possession of any amount of an illegal drug and the distribution or manufacturing of certain Schedule I, II, III, and IV drugs in small amounts would be charged in this category.
Second-Degree Drug Offense: Drug offenses, such as manufacturing, distribution, and possession with intent to distribute, involving large amounts of Schedule I or II drugs, would be prosecuted as second-degree crimes.
First-Degree Drug Offense: This category is for the most severe offenses. It often involves manufacturing, distributing, or possession with intent to distribute significant amounts of certain Schedule I and II drugs.

Each of these drug offenses carries penalties that can include jail or prison time and monetary fines. Penalties can become more severe when the circumstances of the case involve aggravating factors.

Defense Strategies for Drug Allegations

When facing drug allegations in Essex County, NJ, an experienced criminal defense lawyer may use various defense strategies to protect you and your rights when attempting to secure a good outcome for your case. Potential strategies can include:

Challenging Credibility of Evidence: If law enforcement performed an illegal search and seizure where the evidence of drugs was found or they made procedural errors, your lawyer can file a motion to have that evidence suppressed. This could potentially result in the entire case being dismissed.
Insufficient Evidence: The prosecution has the burden of proving their case against you beyond a reasonable doubt. The insufficient evidence defense can be employed if the evidence presented fails to prove their case against you. Your lawyer could argue that there is insufficient evidence to convict you.
Lack of Intent: The prosecution has to prove that you not only committed the crime you’re accused of but also that you intended to do so. Your lawyer can present the lack of intent defense by arguing a mistake of fact, lack of knowledge, accidental possession, or coercion.
First-Time Offender: If it’s your first time being charged with a criminal offense, your lawyer may be able to use the first-time offender defense to potentially mitigate your charges or penalties.

Your lawyer understands drug laws and penalties and can evaluate your case, the charges against you, and the evidence against you to determine what defense approach would be the most effective in defending you. It’s important to remember that the defense doesn’t have to prove that you’re innocent but rather create reasonable doubt in the minds of the jury.

FAQs

Q. How Long Do You Go to Jail for Drug Possession in New Jersey?

A. The amount of jail time you get for drug possession in New Jersey depends on several factors, such as the type of drug, the amount you possessed, and your criminal history. Generally, if you are convicted of the possession of any type of drug, you can potentially go to prison for a few years.

Q. Can I Expunge a Drug Conviction From My Record in NJ?

A. Yes, you can expunge certain drug convictions from your record in NJ. However, there is a specific waiting period and certain requirements you must meet. It is recommended that you consult a drug defense lawyer to determine if you are eligible for an expungement. They can also help you understand the options available to you.

Q. Is Molly Legal in New Jersey?

A. No, molly, also known as MDMA or ecstasy, is not legal in New Jersey. It is classified as a Schedule I drug in the state, which means possessing any amount for any reason is illegal. Penalties for being charged with possessing molly include a prison sentence of a few years and fines. The penalties can be more severe if you are found with large amounts of the substance, you are charged with the intent to distribute, or there are any aggravating factors.

Q. Is It Illegal to Dab in New Jersey?

A. It is not illegal to dab in New Jersey as long as you are at least the legal minimum age and you’re consuming cannabis within the possession limits of the state. It is important to be aware that it is still illegal to consume cannabis in federal buildings or on federal lands. You also cannot smoke in public spaces where smoking is not allowed.

Contact an Essex County Drug Defense Lawyer

If you or someone you know is facing drug charges in Essex County, NJ, seek legal assistance as soon as possible by contacting the Law Offices of Robert Tsigler, PLLC. Our drug defense lawyers can develop a defense strategy that is tailored to the circumstances of your case. Our team can work to minimize the potential impact that these charges can have on your life. Get the support you need to navigate the complex legal system today.

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Getting representation as soon as possible following any Drug Crime-related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration. Only an experienced Essex County Drug Crime lawyer can successfully defend your case.

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