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Possession of CDS | Toms River, NJ
In New Jersey, the possession of CDS is punishable by law. The penalties for possessing a CDS (controlled dangerous substance) varies greatly depending on the type of drug and amount found on a person's possession when arrested. In general, CDS drugs are more serious substances such as cocaine, heroin, and Ecstasy. Large quantities of CDS can result in serious charges of "possession with the intent to distribute," which carries stiffer penalties than just simple possession.
New Jersey Comprehensive Drug Reform Act
The New Jersey Comprehensive Drug Reform Act requires stiff punishments for all drug offenders. This act was put into place in 1987 and amended in June of 1988. Through this act all cases are transferred to criminal court.Designer Drugs
If caught with designer drugs such as Ecstasy (MDMA), GHB, or Ketamine, you will face stiffer penalties than you would have if you have been in possession of a non-CDS drug such as marijuana.Possession of Crack in NJ
A person charged with cocaine or crack possession can be found guilty of a third-degree offense. This offense carries a maximum sentence of 5 years. However, if the person has no record of previous crimes, a presumption against incarceration could be imposed. If charged with a third-degree possession of crack or cocaine, a person may be eligible for a pretrial intervention. These interventions are often referred to as PTI. However, PTI will not be granted if a person has a previous history of being granted PTI.
Possession of Heroin in New Jersey
Under New Jersey state statutes, it is illegal for a person to have any amount of heroin on them at any time. A person who has even a minute amount of heroin in their possession could be guilty of a 3rd-degree crime, which can be accompanied by a 5 year prison term. A fine of up to $35,000 can also be assessed, as well as a mandatory driver's license suspension of at least 6 months.
Possession of CDS Defense Strategies
Don't assume that just because you have been arrested with drugs in your possession that you will be found guilty in a court of law. Instead, there are several strategies a defense attorney can use to lessen the severity of the charges you are facing. For example, a criminal defense attorney will determine:
- If the search was conducted properly and was legal?
- Whether there was probable cause to stop and frisk?
- If charged with intent to distribute, can the charge be reduced to simple possession?
Instead of jail time, drug court, treatment programs, and community control may be options in your case. If you or someone you love has been charged with possession of CDS in New Jersey, it's vital that you hire a criminal defense lawyer as soon as possible.
Mr. Daniel Berger, Esq., has defended thousands of cases in Ocean County and surrounding areas in New Jersey. If you have been charged with possessing a controlled dangerous substance contact his office today. He is available for immediate assistance and is ready for your case consultation.
Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision. If you believe this information is inaccurate or misleading, you may report same to the Committee on Attorney Advertising, Hughes Justice Complex, CN 037, Trenton New Jersey 08625. If you are already represented by counsel please disregard this website. We thank you for your time.
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