Longstanding views on certain drugs and drug-related crimes are slowly changing around the country. But laws don’t always change as quickly as society’s attitudes about certain crimes. Drug offenses still carry stiff penalties in New Jersey. You should take it seriously if you’ve been accused of a drug crime. Even for first-time offenders, the penalties for drug crimes can be severe. At The Law Office of Jason A. Volet, we know how to handle all types of New Jersey drug offense cases. Jason A. Volet is a former prosecutor who’s also certified by the New Jersey Supreme Court as a criminal trial lawyer. During his time as both a prosecutor and defense attorney, Volet has handled thousands of drug cases, giving him inside knowledge that he now uses to help his clients. Volet exclusively focuses on criminal law, dedicating his law practice to clients who most need his help when they’re facing the wrath of the justice system. To get your free and confidential initial consultation, call us or visit our firm’s contact page.
What Types of Drug Charges Does New Jersey Have?
New Jersey drug offenses range in severity from a disorderly persons offense (or misdemeanor) to a first-degree indictable offense (or felony). The potential penalties you face will differ depending on the severity of the charge. Possession of drug paraphernalia, for example, will be punished less severely than drug distribution.
It’s important to note that while New Jersey has broadly legalized marijuana use and possession, marijuana is now regulated much like alcohol and still subject to criminal penalties in some cases.
What Defenses Can Be Used for a First-Time Drug Charge?
Being convicted of a drug crime isn’t inevitable. Your attorney will review the facts of your case to identify a defense strategy that might apply in your situation.
For example, your New Jersey drug crimes defense lawyer may discover that the police made a procedural error when they searched or arrested you. Perhaps they didn’t have probable cause to stop your vehicle, or they conducted an illegal search. This may be enough to get your case dismissed. Alternatively, your lawyer may challenge the lab results or argue that the substance the police confiscated was mishandled.
What Are the Penalties for a First-Time Drug Offense in New Jersey?
The potential penalties for a first-time drug offense can be severe, involving fines as well as jail time. In fact, the law doesn’t technically require lower penalties for first offenses, although prosecutors may be more lenient if you don’t have a prior criminal record.
For instance, in a case involving simple prescription drug possession without a valid prescription charge, you may face 3 to 5 years in prison and a fine of up to $35,000. For even more serious charges, such as possession with intent to distribute, you may face up to 20 years in prison and a fine of up to $500,000.
The potential penalties for a first-time drug offense in New Jersey depend on several factors. The biggest factors are:
- What drugs were allegedly found in your possession?
- How much of the substance did you allegedly have on you?
- Can the police argue that you intended to distribute those drugs?
The penalties for possessing drugs other than marijuana — cocaine, heroin, methamphetamine, LSD, ecstasy, opiates, etc. — are much harsher. In New Jersey, the potential penalties for possessing any amount of these drugs include:
- Up to 5 years in prison
- A fine of up to $35,000
In addition to the penalties listed above, a conviction for a drug offense can also lead to your driver’s license being suspended and your vehicle being seized by police. Furthermore, possessing large amounts of these drugs may constitute evidence of possession with intent to distribute. Though the specifics vary depending on the drug in question, a conviction for possession with intent to distribute carries much harsher penalties, including:
- Heroin
- For amounts less than half an ounce, you could go to jail for up to 5 years and need to pay a fine of up to $75,000.
- For amounts between half an ounce and 5 ounces, you could go to jail for up to 10 years and need to pay a fine of up to $75,000.
- For amounts greater than 5 ounces, you could go to jail for up to 20 years and need to pay a fine of up to $300,000.
- LSD
- For amounts less than 100 milligrams, you could go to jail for up to 10 years and need to pay a fine of up to $75,000.
- For amounts greater than 100 milligrams, you could go to jail for up to 20 years and need to pay a fine of up to $300,000.
For other drugs, the penalties for possession with intent are very similar to what is listed above.
What Factors Can Influence the Penalty for a First-Time Drug Offense?
The actual penalties you face will depend on several factors, but the most important is the specific charge and how it’s classified under the law. A first-degree charge of distributing heroin, for example, will be penalized much more harshly than possession of drug paraphernalia.
New Jersey treats some substances more severely than others. The substance in question and the amount you’re accused of possessing will affect the potential penalties. If the volume is enough to suggest you intended to distribute it, this will also increase the possible penalties.
Will the Penalties Be Less Severe If This Was My First Offense?
New Jersey doesn’t officially require lesser penalties for first offenses. However, if you don’t have a prior criminal record, prosecutors and courts may be less inclined to pursue especially harsh penalties – particularly if you show a sense of remorse and a commitment to follow the law going forward.
Will I Face Jail Time If It Was My First Drug Offense?
Technically, you can face jail time for a first-time drug offense. While you’re less likely to be sentenced to serve time in prison for your first offense, it’s still a possibility you should take seriously. An experienced criminal defense attorney will fight for a more favorable outcome, using their knowledge of the law to argue for a lesser sentence.
Do I Have Options Other Than Jail for My First-Time Drug Offense?
New Jersey has a few options for drug offenders that can allow them to avoid a trial and the harshest criminal penalties. These include:
- Pre-trial intervention – Pre-trial intervention is a diversionary treatment and rehabilitation program aimed at helping drug addicts break the cycle of addiction. It is available only for first-time drug offenders who have not committed other crimes.
- Conditional discharge – In some drug cases, defendants can plead guilty but avoid having a drug conviction on their permanent record by serving probation, rather than a sentence, and meeting other conditions. Once these conditions are met, the case is dismissed.
- Drug court – Some first-time drug offenders can be placed into the drug court program, where they will need to enroll in a treatment program and meet other conditions to avoid the harsher penalties that come with most drug offenses. However, unlike pre-trial intervention or a conditional discharge, the defendant is required to plead guilty and the offense will go on their permanent record.
- Veterans diversion program – New Jersey recognizes that some veterans face unique challenges after leaving the armed forces and offers them an alternative to the traditional justice system. Like the other options mentioned above, this program generally requires offenders to enroll in counseling and some kind of treatment program.
How Can a Drug Crimes Defense Attorney Help?
A conviction for drug crimes in New Jersey can have a disastrous impact on your life – even if it’s a first-time offense. That’s why hiring a drug crimes lawyer is crucial. If you’re accused of a drug offense, here’s some of what The Law Office of Jason A. Volet can do for you:
- Examine your case to see if any evidence was obtained through an illegal search and attempt to have that evidence thrown out. Your case could be dismissed.
- Negotiate with police and prosecutors to get into some kind of alternative sentencing program, such as pre-trial diversion or a conditional discharge.
- Provide you with aggressive representation if your case goes to trial.
Contact a New Jersey Drug Crimes Defense Lawyer
If you’re facing New Jersey drug charges, you need an attorney who will fight for your rights and pursue the best possible outcome for your case. The Law Office of Jason A. Volet has over 15 years of experience handling felony and misdemeanor cases, including drug cases, for accused individuals and provides attentive and personalized service to every client.
You deserve a New Jersey drug crimes defense attorney who will craft a strong case in your defense and work to safeguard your rights and your reputation. Contact the Law Office of Jason A. Volet today to get started with a free consultation.
Speak with our team today for free by calling us or by visiting our firm’s contact page.
