Fort Lee NJ Cocaine Possession Lawyers
Possession of cocaine, codified under New Jersey law as NJ.S.A. 2C:35-10, is an indictable (felony) crime in New Jersey and will almost certainly be handled by the Bergen County Prosecutor’s Office at the Bergen County Superior Courthouse. You or your loved one are potentially facing years in state prison, fines in thousands, a loss of your driver’s license, and a criminal record. The Law Offices of Jonathan F. Marshall has:
- Over two-hundred (200) years of combined experience
- A team of ten (10) criminal defense attorneys that devote their entire practice to criminal law
- Our firm has seven (7) former prosecutors
- Three (3) of our attorneys were former assistant county prosecutors and held directorial positions of the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, Juvenile Division
- Three (3) of our attorneys were former municipal prosecutors in over twenty-five (25) towns
- One (1) of our attorneys is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in this State
- One (1) of our lawyers was recently selected to Super Lawyers Rising Stars 2020 list for New Jersey which is a highly credentialed, peer-influenced, third-party validated, and a patented process that selects only 2.5% of the attorneys in New Jersey to this list
- Selected to the National Trial Lawyers Top 100 and Top 40 Under 40
At the Law Offices of Jonathan F. Marshall we’ve been handling various drug possession offenses, like cocaine possession, possession of heroin, possession of marijuana and possession of prescription drug charges throughout Bergen County in towns like Hackensack, Paramus, East Rutherford, Teaneck, Fort Lee, Rochelle Park, North Arlington, Tenafly and Lodi for over fifteen (15) years. Our experienced team of defense attorneys will examine every angle of your case to come up with the best possible defenses. These types of cases often will revolve around the initial search which lead to the discovery of the cocaine. If a search issue arises, our team of lawyers will exploit that issue to its fullest. We will also explore any potential diversionary options that you may have, such as the Pre-Trial Intervention Program, Drug Court or the Conditional Discharge Program if we are able to get the charges remanded back to municipal court. Please feel free to contact any one of our Bergen County offices in Hackensack, Paramus, or Fort Lee to speak to one of our experienced criminal defense attorneys at 201-429-9783. We’re available 24/7.
Possession of Cocaine Lawyers in Paramus NJ: N.J.S.A. 2C:35-10(a)(1)
Possession of Cocaine is codified under N.J.S.A. 2C:35-10(a)(1) which in pertinent part states that:
- It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226.
- Any person who violates this section with respect to:(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 35,000.00 may be imposed;
Applicable Penalties if Convicted:
Possession of cocaine is typically a third (3rd) degree crime. A third (3rd) degree crime in New Jersey carries a presumption of non-incarceration. However, that presumption can be overcome, and if it is, an individual can face the following
- Up to five (5) years in a New Jersey State Prison,
- A fine of up to $35,000.00,
- Loss of your driver’s license for up to two (2) years,
- Drug education and rehabilitation participation as well as,
- Community service
If the presumption is not overcome and the defendant is not eligible for a diversionary program, the typically sentence will be probation with just fines and courts costs as well as participation in drug counseling/rehab. In addition, as listed above every drug charge in New Jersey carries with it a potential for a two (2) year loss of license, which may be overcome if you or your loved one’s defense attorney can put forth enough evidence to show the judge an extreme hardship would occur if the Court suspends their driver’s license.
The two most important factors that the prosecution takes into consideration when determining the offense level is the amount of cocaine possessed and the location in which it was seized from. Specifically, was it within five hundred (500) feet of a public park or housing facility or was it within a thousand (1000) feet of a school. These two factors can quickly turn what was originally thought to be a simple possession charge into a potential distribution of cocaine charge.
In addition to the above, a drug conviction, like possession of cocaine, can not only affect your job or your ability to get a job, but also affect whether or not your approved for housing here in Bergen County. Lastly, it can affect your educational pursuits, such as college or a graduate school if you or your loved one plan on taking out a student loan.
Potential Diversionary Programs
Depending on the defendants past, they may be eligible for several diversionary programs, such as Pre-Trial Intervention, Drug Court or Conditional Discharge (if the charges get remanded). If applicable, these programs will afford the defendant the opportunity to bypass any potential jail term and receive a probationary sentence. Further, if both the Pre-Trial Intervention and Conditional Discharge are available and the defendant completes either programs successfully, the charges will be dismissed. Not to mention, six (6) months after the court dismisses the charge(s) you or your loved one will be eligible to expunge the arrest and charge(s).
Cocaine Possession Attorneys in Fort Lee NJ
The Law Offices of Jonathan F. Marshall has the experience necessary to defend possession of cocaine charges. If you or a loved one has been charged in New Jersey with possession of cocaine please contact any one of our Bergen County Offices in Hackensack, Paramus, or Fort Lee for a free initial consultation about you or your loved one’s charge(s) at 201-429-9783. We’re available 24/7.