Drug Possession Defense Attorney in New Jersey

At the Law Office of Jason A. Volet, we understand that facing drug possession charges can be overwhelming and distressing. Contact our New Jersey drug possession lawyer today.

Such charges can result from an individual having possession of a controlled substance, in any amount, whether large or small. This applies not only to possession of an individual’s person, but also within a vehicle, a home, or some other location for which the individual is held responsible.

There are many possible repercussions for a drug possession conviction, with varied levels of severity. These repercussions can impact an individual’s day-to-day life, future work and school opportunities, and even emotional health.

There are more possible penalties than those listed above, but no matter the penalty, the life of an individual convicted of drug possession, or any other drug offense, will change.

Common types of drug possession charges in New Jersey:

As experienced drug possession attorneys in New Jersey, we understand that individuals need legal help with handling drug possession charges and we are here to help you.

Possession With Intent to Distribute

Facing charges of drug possession can be daunting, and being convicted on those charges can have serious consequences. In most cases, if you are in possession of a certain amount of illegal drugs, it is assumed by law enforcement officials that you had an intention to distribute them to others.

Because of this assumption, courts can pursue a case for drug possession with intent to distribute, and prosecutors are under no legal obligation to actually prove that you are distributing drugs.

If you find yourself accused of any drug possession crimes in New Jersey, it is important both for your freedom and your future that you seek skilled and experienced legal counsel with expertise in drug possession laws.

Controlled Dangerous Substance (CDS) Possession Charges in New Jersey – NJSA 2C:35-10

You should consider that some drugs have more severe penalties for possession of a controlled substance; this article delves into the various penalties in more detail, and if you’ve been charged with criminal possession of prescription drugs, you can find out more here.

Under N.J.S.A. 2C:35-10, it is unlawful for any person to “knowingly or purposely” possess a controlled dangerous substance (unless the person has a valid prescription). A controlled dangerous substance, or CDS, is any drug, substance, or immediate precursor found in one of five “Schedules” that are set out in N.J.S.A. 24:21-5 to 8.1.

If you are found guilty of possession of a CDS, the penalties you face will depend on which schedule the drug falls within as well as the amount and other factors.

For instance, under N.J.S.A. 2C:35-10, you can be ordered to perform a minimum of 100 hours of community service if you are found to possess a CDS on school property, including a school bus, or within 1,000 feet of school property. Contact our aggressive New Jersey drug possession lawyer today.

Additional things you should consider:

If an individual is found with illegal drugs within 1,000 feet of a school or 500 feet of a park, the penalties for conviction can be more serious, and a conviction for drug possession could potentially impact that status of certain professional licenses or a security clearance.

Possession with Intent within 500 Feet of a Public Park Being caught within 500 feet of public housing or a public park elevates that crime up to a second degree, meaning that you would be facing a mandatory period in state prison of between five and ten years.

Possession with Intent within 1000 feet of a School Zone If you’ve been charged with possession with intent to distribute a controlled dangerous substance or CDS drug within 1000 feet of a school zone, it’s imperative that you contact a New Jersey Criminal Defense Lawyer immediately.

Possession with intent within 1000 feet of a school zone is slightly different than your normal possession with intent to distribute a controlled dangerous subject; state prison is mandatory as well as a period of parole ineligibility.

That means that if you receive a three-year sentence to a New Jersey state prison, you could have to serve up to 18 months of that sentence before you are eligible for parole.

So, just to understand the difference between having parole ineligibility and not, on a normal three-year sentence, you would be eligible for parole after about nine months. You’d be looking at about nine months additional because you possessed it with the attempt to distribute within a school zone. Our drug possession attorney can help with your case.

Mr. Volet is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction that includes only a select group of New Jersey attorneys.

The certification recognizes an attorney has achieved a certain level of education, experience, and skill in a particular area of law. Mr. Volet focuses his practice exclusively on representing individuals charged with criminal offenses including drug possession in New Jersey. He understands that not everyone charged with drug possession is guilty as charged. He knows how to analyze the facts of a case and develop an effective defense strategy with our drug possession defense lawyers.

Depending on the specific facts and amount of drugs allegedly involved, Mr. Volet may be able to structure an argument that is persuasive to prosecutors and negotiate on the client’s behalf a plea agreement to a lesser charge that is more acceptable.

What Should I Expect When Facing a Drug Possession Charge?

The New Jersey criminal court system is complicated, and possession of drug paraphernalia and drug possession cases can take a while to wind their way through the justice system.

Possession of Controlled Dangerous Substances

At the Law Office of Jason A. Volet, we know that facing a charge of possession of controlled dangerous substances can be extremely stressful, both for the person accused and for his or her family. Even a conviction for possessing small amounts of a controlled substance can result in serious penalties and long-lasting consequences.
As a former Monmouth County criminal prosecutor, Mr. Volet understands how these types of drug cases are handled. He also knows that having inadequate or inexperienced representation can mean defendants miss out on the many opportunities a defense attorney has to argue for charges to be reduced or dropped.

If your freedom and your future are on the line, you need a highly experienced and compassionate criminal defense attorney to fight for your rights. Mr. Volet is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction that indicates he has achieved an impressive level of education, experience, and skill in this area of law. Now, he stands ready to craft a strong defense for you.

What Is Considered a Controlled Dangerous Substance?

What is a CDS drug? Many prescription drugs and illegal drugs fall under the controlled dangerous substance (CDS) category.
New Jersey law defines a “controlled dangerous substance” as:

1. A drug, substance, or immediate precursor outlined in Schedules I through V
2. Any substance the distribution of which is specifically prohibited, such as flunitrazepam and gamma-hydroxybutyrate
3. Any drug or substance that, when ingested, is metabolized or otherwise becomes a controlled dangerous substance in the human body

The term does not refer to liquor, wine, beer, or other alcohol and tobacco products.

What Are the Schedules of Controlled Substances?

In New Jersey, controlled dangerous substances are classified into five categories, known as “schedules.”

These include: Schedule I substances, which have:

1. A high potential for abuse
2. No accepted medical use in treatment in the U.S. or no accepted safe use for treatment under medical supervision

Schedule II substances, which have:

1. A high potential for abuse
2. A currently accepted medical use in the U.S. with severe restrictions
3. The potential to lead to psychological or physical dependence if abused

Schedule III substances, which have:

1. A potential for abuse that is less than the substances listed in Schedules I and II
2. A currently accepted medical use for treatment in the U.S.
3. The potential to lead to moderate or low physical dependence or high psychological dependence if abused

Schedule IV substances, which have:

• A low potential for abuse relative to the substances listed in Schedule III
• A currently accepted medical use in treatment in the U.S.
• The potential to lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule III

Schedule V substances, which have:

• A low potential for abuse relative to the substances listed in Schedule IV
• A currently accepted medical use in treatment in the U.S.
• A limited potential for physical dependence or psychological dependence relative to the substances listed in Schedule IV

What Are Potential Penalties for Possession of Controlled Dangerous Substances (CDS) in New Jersey?

What is possession of CDS? A conviction on a drug possession offense can result in a wide range of repercussions, both immediately and down the line.

In New Jersey, a drug possession conviction carries an average fine of $35,000, and a convicted person can face up to 10 years in prison.
Depending on what type of CDS you are accused of possessing, as well as the amount and any other mitigating factors. If caught in possession of CDS drugs you may be facing:

A conviction for possession of CDS can hurt your chances of finding a job or obtaining any other goal that requires a background check. As an experienced New Jersey criminal defense lawyer, Mr. Volet will fight every step of the way for the possession charges against you to be reduced or dropped.

In addition to building a strong defense, our legal team will also identify any opportunities for pre-trial intervention (PTI) to avoid a conviction.

In the state of New Jersey, a conviction of drug possession averages a fine of $35,000, or a convicted individual can face up to 10 years in jail.

Rehabilitation, Drug Addiction and Drug Crimes in New Jersey

Many instances of drug possession and other drug crimes in New Jersey are a direct result of people becoming addicted to drugs. These people are not necessarily a “bad,” nor are they seeking a life of crime to become rich. Instead, as they became hooked on drugs, they may have turned to selling small quantities of drugs or burglary or similar crimes solely as a method for obtaining the cash required to support their habit.

In these circumstances, incarceration does not benefit either society or the person who has become addicted to drugs. Incarceration is expensive, typically costing tens of thousands of dollars to lock up a person for as little as six months. Further, incarceration often creates a huge strain on the person’s relationship with family members and loved ones, who may be vital in the person’s battle with drug addiction.

Instead of incarceration, diversion and treatment programs are often much more effective and beneficial for the person who has become addicted and for society. When the sole purpose of engaging in crime is to obtain the money necessary to fuel drug addiction, stopping the drug addiction will stop the crime. Once the drug addiction ends, the person may again become a productive member of society, which is the ultimate goal.

When Possible, We Will Explore the Possibility of Diversion Rather Than Incarceration for Clients Who Need Help for Addiction

While our first strategy for clients charged with a crime is usually to see if we can get the charges dismissed, often this is not a possibility. If this is not possible, then in many cases it will be advantageous to see if a plea bargain can be reached involving diversion rather than to go trial and potentially face incarceration.

As the facts and circumstances of each case are different, so too will be the opportunities that are available for diversion. Diversion instead of incarceration usually depends upon seeking a deal with the prosecution, but if diversion can be achieved, it is often in the best interest of our client to agree to such a resolution.

Contact Us Today to Speak to Our Knowledgeable New Jersey Drug Possession Lawyer

At the Law Office of Jason A. Volet, our dedicated defense team is committed to helping those charged with possession of a controlled dangerous substance fight these serious accusations and avoid the harsh penalties they carry. Whether you are charged with possession, possession with intent to distribute, or any other serious drug offense, we are here to help.

With extensive experience as both a drug possession crime prosecutor and a loyal criminal defense lawyer, Jason A. Volet has handled more than 2,000 cases over the course of his legal career.

He has earned a reputation as a fierce negotiator and a respected litigator, and he is committed to protecting the rights of clients in Freehold, Neptune, Keansburg, Marlboro, Middletown, Wall Township, Manalapan, Howell, Rumson, Red Bank, Ocean Township, Colts Neck, Holmdel, Monroe, Millstone, and anywhere else in Monmouth County and Middlesex County.

Between his former position as a New Jersey drug crimes prosecutor and his current work as a defense lawyer, Jason A. Volet has tackled more than 2,000 criminal defense cases over the course of his career. He is a fierce negotiator and a skilled litigator, and he is dedicated to representing the rights of clients in Freehold, Marlboro, Middletown, Wall Township, Manalapan, Howell, Rumson, Red Bank, Ocean Township, Colts Neck, Holmdel, Monroe, Millstone, and anywhere else in Monmouth County and Middlesex County.

The New Jersey drug possession lawyers at The Law Office of Jason A. Volet are committed to helping our clients avoid such harsh penalties.

Schedule a consultation with us immediately, online, or by calling 732-491-8477, if you or a loved one has been charged with drug possession. Our office is located at 28 Court Street, Freehold, NJ 07728.