Drug Possession Charge in New Jersey: Penalties and Defense

New Jersey has some of the toughest laws on drug possession, use, and distribution. While some other states are softening their stance on drugs, New Jersey refuses to do so. As a result, those found in possession of illegal drugs may face criminal charges, fines, and/or jail. A conviction could affect the rest of their lives. Anyone charged with drug crimes should call an attorney and learn their options for fighting the charges or negotiating a plea for a lesser charge as soon as possible.

Determining Drug Charges

The penalties for possession of drugs varies depending on the type and amount of drugs found in ones possession. These charges can be heard in either Municipal or Superior Court depending on the type and quantity. The resulting charges can vary from possession, possession with intent to distribute, distribution, or trafficking. There are certain drugs that draw harsher penalties no matter what the quantities. Those drugs include methamphetamine, heroin, and crack. Marijuana, on the other hand, is considered less dangerous and usually results in a lesser charge if in possession of less than 50 grams.

Possession Penalties

The penalties for possession of various drugs depends on the type of drug and the quantity of the drug found on a person. Depending on the degree of the crime of the crime charged the following penalties generally apply:

• 1st Degree – Term of imprisonment for a period of 10 years to 20 years. Fines not to exceed $200,000.00.
• 2nd Degree - Term of imprisonment for a period of 5 years to 10 years. Fines not to exceed $150,000.00.
• 3rd Degree - Term of imprisonment for a period of 3 years to 5 years. Fines not to exceed $15,000.00.
• 4th Degree - Term of imprisonment for a period not to exceed 18 months. Fines not to exceed $10,000.00.
• Disorderly persons offense – Term of imprisonment for a period not to exceed 6 months. Fines not to exceed $1000.00.

Additional Penalties

In addition to the standard penalties for possession of illegal drugs, there are additional penalties for possession in certain locations. If a person is found in possession of drugs within 1,000 feet of an elementary or secondary school zone, their penalties can be increased up to $150,000 and their jail terms can be extended and will include a mandatory period without parole.

In addition, anyone found guilty of drug possession faces losing their driving privileges or having them postponed for a mandatory period of not less than 6 months or more than 2 years.

Conviction for use or possession of drug paraphernalia can result in mandatory fines of up to $1,000, a mandatory loss of driving privileges for up to 2 years and 6 months in jail.

Conclusion

New Jersey has stiff penalties for drug possession, with even tougher penalties for those who possess large quantities with the intent to distribute those drugs. It is important to obey the law by avoiding drugs. However, anyone who is arrested and charged with any drug offense should consult an experienced criminal defense attorney to protect your rights. An attorney can determine if there are mitigating circumstances and/or grounds to have those charges dismissed or reduced. Remember a conviction can result in adverse consequences that will follow the rest of your life.

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To Consent or Not to Consent? Why Allow the Police to Search Your Vehicle?

A question I have always wondered is why so many people voluntarily consent to a search when asked by a police officer. So, for all of you wondering whether you should voluntarily give consent to search, my short answer is NO.

I don’t know how many clients that I have had who gave voluntary consent to search their vehicle who (either known or unknown to them) had contraband in their possession. Even if you know YOU didn’t put anything illegal in your vehicle, you can’t possibly know what your passengers had in their possession when they got into your vehicle or if they left anything when they got out of your vehicle. That is why I say unless you are going to search each and every passenger NEVER VOLUNTARILY CONSENT TO A SEARCH.

Often when I ask my clients why they consented to a search they inevitably tell me that they just wanted to cooperate and the officer would have searched them anyway. My first response is "why would you want to help someone find a reason to arrest you?" My second is refusing a search is within your rights and a warrantless search is per se unreasonable unless it meets one of the exceptions to the rule (which are too complex to list for the purposes of this article). However, if you voluntarily consent, no search will be seen as unreasonable.

Another thing to consider is if the officer has pulled you over for say speeding and wants to search your car, the officer can not keep you there for an unreasonable period of time while requesting a search warrant if it has nothing to do with what the officer pulled you over for.

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