Possession of Cocaine

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Eatontown NJ Possession of Cocaine Defense Lawyers

In New Jersey, a person who is charged with possession of cocaine is facing serious consequences, as these offenses are typically considered third degree indictable felonies. As such, an individual accused of possessing any amount of cocaine can be subject to a prison term ranging from 3 to 5 years, a fine of up to $35,000, and a felony conviction on his or her criminal record if ultimately found guilty.

In addition to possession of cocaine, an individual who uses or is under the influence of cocaine or fails to make lawful disposition of cocaine by failing to turn it over to the nearest law enforcement officer can also be charged with a criminal offense in violation of N.J.S.A. 2C:35-10. These violations are considered slightly less serious “disorderly persons offenses,” which entail a maximum term of 6 months to be served in the county jail as well as a fine of up to $1,000.

It is important to keep in mind that although a person can be charged with a criminal offense involving cocaine that violates the aforementioned statute, these cases will be adjudicated at different levels of the court system based on the specific crime for which the person has been accused. Specifically, a third degree felony charge for possession of cocaine will be tried at the Superior Court in the county in which the alleged offense occurred, while a disorderly persons offense for being under the influence of cocaine will be handled at the local municipal court. However, both of these will result in a charge on your criminal record if you are ultimately found guilty.

Fortunately, the attorneys at Chamlin, Rosen, Uliano & Witherington have accumulated a wealth of experience defending clients accused of possession and use of cocaine in New Jersey. As a result, they can often facilitate their clients’ enrollment in diversionary programs such as Conditional Discharge in Municipal Court cases and the Pretrial Intervention Program in Superior Court cases, which will ultimately result in the dismissal of the drug charges if the program is successfully completed.

Combining knowledge, experience, and compassion for their clients, Chamlin, Rosen, Uliano & Witherington is a law firm dedicated to every citizen’s right to a vigorous defense. Contact them today at 732-440-3950 or toll free at 888-328-9131 to discuss your case.

Possession of Cocaine in New Jersey: N.J.S.A. 2C:35-10(a)(1)

Under New Jersey Law, controlled dangerous substances are classified according to a system that separates these substances into a series of schedules, numbered from I (one) to V (five). Cocaine is classified as a Schedule II drug, which means that it: (1) has high potential for abuse; (2) has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and that (3) abuse may lead to severe psychic or physical dependence.

According to N.J.S.A. 2C:35-10(a),

a.  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, II, or IV other than those specifically covered in this section, is guilty of a crime of the third degree. A fine of up to $35,000.00 may be imposed;

b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.

NOTE: In prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.

c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute

Penalties for Possession of Cocaine in New Jersey

Possession of Cocaine as a Third Degree Crime: term of incarceration ranging from 3 to 5 years in New Jersey State Prison and a fine of up to $35,000

Possession of Cocaine as a Disorderly Persons Offense: maximum sentence of 6 months to be served in the county jail and a fine of up to $1,000

Contact Navesink NJ Cocaine Possession Lawyers for Help with Your Case

For additional information as to how these Monmouth County possession of cocaine defense attorneys can assist you or someone you love in combating the State’s case and delivering the best chance of success, contact the West Long Branch, New Jersey office of Chamlin, Rosen, Uliano & Witherington at 732-440-3950 or toll free at 888-328-9131.

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Chamlin, Rosen, Uliano & Witherington of West Long Branch, New Jersey, provides representation throughout Monmouth County including Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, Marlboro Township, Middletown, Neptune, Oakhurst, Ocean Township, Redbank, Shrewsbury, Spring Lake, Tinton Falls, Wall Township, West Long Branch, and Freehold Township; Ocean County including Bayville, Brick, Jackson, Lakewood, Lakewood Township, Mantoloking, Point Pleasant, Point Pleasant Beach, and Toms River; Middlesex County including East Brunswick, Milltown, New Brunswick, Old Bridge Township, Perth Amboy, Sayreville, South Amboy, South River, and Spotswood.

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