Hudson
County Drug Crime
Lawyer
Hudson County Drug Crime Attorney
A drug offense conviction can have a severe effect on your life and future. Charges for drug offenses are common in New Jersey and harshly punished, and this can make the process even more overwhelming than it already is. If you or a loved one faces drug offense charges, you need a Hudson County drug crime lawyer by your side. Even as a first-time offender, you could face months to years in prison and several thousand in fines.
Finding the right criminal defense attorney is crucial to the outcome of your case. At the Law Offices of Robert Tsigler, PLLC, we can help you craft a strong defense against a controlled substance offense charge. Whether you committed the crime or not, it is in your interest to find a skilled attorney to help you minimize or eliminate the severity of the penalties you face. You have a constitutional right to legal defense, and you need to take advantage of that to protect your rights and your future.
Understanding New Jersey Drug Offenses
Controlled substances in New Jersey are highly regulated, and illegal use or possession is harshly punished. Possession, manufacture, distribution, use, or sale of controlled substances, analog controlled substances, or imitation controlled substances is illegal. Possession of drug paraphernalia or a needle or syringe is also illegal. DWI charges are also a type of drug charge.
Controlled substances are divided into several different schedules, which can influence the severity of drug offense penalties. Schedule I controlled substances are those with a high potential for addiction and abuse, and they have no currently accepted medical use. Schedule V drugs are those with a low potential for dependence and abuse, and they have an accepted medical use.
In New Jersey, penalties vary based on the schedule of the controlled substance. Possession of a Schedule V substance is a fourth-degree offense, while possession of a Schedule I, II, III, or IV substance is a third-degree offense. Manufacturing a Schedule I or II substance other than heroin is a third-degree offense, but that increases to a second-degree offense for more than one ounce.
A fourth-degree offense results in up to 18 months of imprisonment, while a third-degree offense results in three to five years of imprisonment. A second-degree offense results in five to 10 years in prison. Additionally, because of the Drug Reform Act, these offenses have higher fines than a typical third- or fourth-degree offense, which can be as significant as $25,000 to $75,000.
Possible Defenses Against Drug Crime Charges in Hudson County
The right defense for your case will depend on many factors, including the:
- Type of controlled substance
- Existence of any aggravating or mitigating factors
- Circumstances of your arrest
- Significance of the evidence against you
The prosecution has the burden of proof to show, beyond a reasonable doubt, that you knowingly and intentionally possessed the substance. They also have this burden of proof for other elements of the specific crime. However, even if the prosecution does not have sufficient evidence to meet this burden, your attorney should still take active steps to establish an effective defense. As this can better protect your rights and interests. Some defenses that are relevant in drug offenses include:
- Drugs were discovered in an illegal search and seizure.
- There was no probable cause for a traffic stop or searching the vehicle where the substances were found.
- You did not actually possess the substance. This may mean that you did not know they were on your person or in your car or otherwise showing that they are not yours.
- You lacked the intent to sell.
- An improper chain of evidence was used with the controlled substances.
- Entrapment or other police misconduct led to your arrest.
An attorney can help you review what defense is most applicable and useful in your situation. They can also help you understand your options for dealing with the charges against you.
Drug Possession FAQs
Q: What Are the Legal Consequences of Getting Caught With Drugs in New Jersey?
A: The legal consequences of getting caught with drugs, such as cocaine, speed, and LSD, in New Jersey is typically a third-degree charge, which usually results in three to five years in prison and up to $15,000 in fines. However, under the state’s Drug Reform Act, fines may be as high as $25,000 or $35,000 for the possession or use of cocaine, crack, speed, LSD, and psilocybin. Possession of marijuana, depending on the amount, may be charged as a fourth-degree offense.
Q: Do First-Time Drug Offenders Go to Jail in New Jersey?
A: A first-time drug offender may go to jail in New Jersey, depending on the type and severity of the charges. Some judges may be more lenient and offer alternative sentencing for first-time offenders, such as probation or community service, but this is not always the case.
Most drug offenses have between many months and a couple of years of time in prison. If there are aggravating factors present in your case, such as the use of a firearm, you may have mandatory minimum sentencing that cannot be avoided. Your attorney can review your options.
Q: What Is the Possession Law in New Jersey?
A: The possession law in New Jersey means that it is illegal for someone to knowingly or intentionally obtain, actually possess, or constructively possess a controlled dangerous substance or analog if they do not have a valid prescription for that drug. Depending on the type of drug, this may be charged as a third- or fourth-degree offense. Certain offenses, such as possession of small amounts of marijuana or misuse of a prescribed substance, are charged as being a disorderly person.
Q: What Is the New Jersey Comprehensive Drug Reform Act?
A: The New Jersey Comprehensive Drug Reform Act was enacted in 1987. It was made to strengthen the penalties against drug offenders and move all offenses to the Code of Criminal Justice. Some of the harsher penalties in this act include:
- If someone dies from using a drug that they got from another person, that person can be charged with criminal homicide. This penalty affects college students as well.
- A conviction for many drug offenses includes mandatory suspension or revocation of driving privileges for six months.
- There are harsher penalties for distributing a drug to a minor or pregnant person.
Working With a Criminal Defense Attorney in Hudson County
The Law Offices of Robert Tsigler, PLLC, can help you protect yourself from drug possession, manufacturing, distribution, and other charges. Our team has worked for years in criminal defense, and we want to give you the support you need. Contact our firm 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 Hudson County Drug Crime lawyer can successfully defend your case.
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