Somerset County NJ Drug Possession Attorney
New Jersey as a whole takes drug offenses very seriously. Drug use in and of itself can cause a lot problems for the individual and their loved ones. However, drug use tends to really play havoc on society as a whole as well. Drug abuse leads to a lot of other crime, whether it be drug dealing, burglary, robbery, unlawful possession of a weapon, shoplifting and so on. So it should be no surprise to hear that Somerset County is tough on drug offense. If you or a loved one has been arrested and charged with the possession of marijuana, cocaine, heroin, Molly, LSD, mushrooms or Xanax in Somerset County, the Law Offices of Proetta & Oliver can help. Most drug possession crimes are felony charges in New Jersey. Therefore, if convicted not only will an individual be facing significant jail time but even if they can avoid that they will most likely be saddled with a felony criminal record. Now of days, a felony criminal record can make obtaining meaningful employment near impossible. If you would like to come and speak with one of our Somerset County criminal defense attorneys about your options then please contact us at (908)533-1064.
Looking to Speak to a Local Defense Lawyer in Somerville About Drug Case
The attorneys at Proetta & Olive have been defending clients accused of possessing drugs in courts throughout Somerset County for years now. We appear in courts throughout the county including the Somerset County Superior Court, the Bedminster Municipal Court, the Montgomery Municipal Court, the Bridgewater Municipal Court, the South Bound Brook Municipal Court, the North Plainfield Municipal Court, the Hunterdon Superior Court, the Clinton Municipal Court and the Branchburg Municipal Court. If you would like to come into our office for a free initial consultation then please contact us at (908)533-1064. If you’d like, we can discuss the specifics of your case and we will give you our honest feedback on how we think we can be of assistance. We are available around the clock to help assist in anyway possible and as always our initial consultations are free of costs. Now here is some information on drug possession charges in New Jersey.
What You Should Know About Drug Possession Cases in NJ
All drug related offense in New Jersey are governed by NJSA 2C:35-10. So whether you have been charged with the possession of heroin or the possession of marijuana, the charges will be governed by that statute. The statute in and of itself is rather self explanatory, it states in pertinent part that:
- It is unlawful for any person knowingly or purposely, to obtain or to possess, actually or constructively, a controlled dangerous substance.
Best Ways to Challenge a Drug Possession Case in Court in NJ
Although the statute is rather straightforward, drug possession charges tend be heavily litigated case. The reasons being that their is usually a lot of moving parts to a drug possession case. Some of the key areas that the attorneys at Proetta & Oliver look to exploit when we are defending clients accused of possessing a controlled dangerous substance include:
- Was there probable cause for the motor vehicle stop?
- Was there probable cause for the search?
- Was there probable cause for the seizure?
- Was Miranda violated?
- Where were the drugs found?
- What is the underlying theory for possession?
- Were the Lab Reports Valid?
These are just a few of the areas that the Somerset County criminal lawyers at Proetta & Oliver look to exploit when we are defending a client accused of possessing a controlled dangerous substance like marijuana, heroin or crack cocaine. If you would like to speak to one of our criminal defense attorneys today about your options then please contact us at (908)533-1064.
Common Drug Possession Cases Litigated in Hunterdon County NJ
The Somerset County criminal defense lawyers at Proetta & Oliver defend clients accused of possessing various different types of drugs in courts throughout the county. Here is a list of some of the most common drug possession offenses we handle:
- Possession of Marijuana
- Possession of Marijuana under 50 Grams
- Possession of Heroin
- Possession of Cocaine
- Possession of Prescription Drugs
- Possession of Mushrooms
How Serious is a Drug Possession Charge? Mandatory Jail Time?
Drug possession charges in New Jersey will either be a disorderly persons offense or a third or fourth degree felony offense. Here is a breakdown of the potential penalties that an individual faces if they are convicted of possessing drugs in New Jersey.
- Cocaine / Heroin / Molly / MDMA / LSD / Mushrooms: 3rd Degree Felony
- Provided the amount is less than a ½ ounce, anyone caught possessing any of the aforementioned drugs will be facing a third degree felony. A third degree felony is punishable by up to five years in a state prison, a fine up to $35,000 and a felony criminal record.
- Marijuana Over 50 Grams: 4th Degree Felony
- Provided the amount is greater than 50 grams, anyone caught possessing any of the aforementioned drugs will be facing a fourth degree felony. A fourth degree felony is punishable by up to 18 months in a state prison, a fine up to $15,000 and a felony criminal record.
- Marijuana Under 50 Grams: Disorderly Persons Offense (Misdemeanor)
- Provided the amount is less than 50 grams, anyone caught possessing any of the aforementioned drugs will be facing a disorderly persons offense. A disorderly persons offense is punishable by up to 6 months in the Somerset County Jail, a fine up to $1,000 and a criminal record.
What is the Common Bail Range for a Drug Charge in NJ?
Typically speaking, most drug possession offenses will be issued on a Complaint-Summons, which means that the individual will released on an ROR status. If the individual has an extensive criminal record or if the facts surrounding the incident are egregious enough, it could be issued on a Complaint-Warrant. If that happens, then the individual will be required to spend at least 24 hours in the County Jail until their Central Judicial Processing Hearing. If the prosecution decides at this point that the individual must be denied bail, then they must file a formal motion for detention. If that occurs, then a formal hearing must be conducted and it will then ultimately be up to the Judge to decide if the individual should be granted bail.
Speak to a Flemington Drug Possession Defense Attorney Today
Being charged with a criminal offense can be nerve wracking, however, hiring the right attorney can go a long way to alleviating that stress. If you have been charged with possessing heroin, cocaine, marijuana, LSD, Mushrooms or Oxycontin, the attorneys at Proetta & Oliver can help. If you would like to come into our office and speak one on one with Mr. Oliver, who heads up our Somerset practice, then please contact us at (908)533-1064. Our office serves all of Somerset County, including towns like Franklin, Somerville, Branchburg, Bridgewater, North Plainfield, Clinton, Flemington, Raritan, Bound Brook, Hillsborough and South Bound Brook.