Drug Possession Attorney in Red Bank, New Jersey
New Jersey has some of the most severe drug laws on the east coast. Courts and law enforcement are hostile towards drug offenses and are quick to issue harsh penalties. Almost all drug possession charges in New Jersey will leave you with a criminal record that will impact your future. If you are caught with more than constitutes “personal possession”, you could be subject to detrimental consequences. If you are caught with any drug in New Jersey, you need an effective criminal defense lawyer to represent you. It is critical to your future that you work with an experienced attorney that can fight these charges or work to mitigate the effects of the arrest. The Law Offices of George J. Mardinly has over 20 years of experience defending clients across the state. Our firm fully understands what is at stake and we will explore all legal defenses to downgrade the charge or have it dismissed altogether. If you need our help, contact us for a consultation as soon as possible.
NJ Drug Laws
The drug laws of New Jersey are directly correlated to the federal scheduling of drugs. The Controlled Substance Act of 1970 and its additions over the years categorize drugs by their medical use, the potential for abuse, and their degree of danger to the public.
Schedule I is the most dangerous drugs. They come with no medical benefit, are dangerous to use, and come with a high degree of abuse. These include:
- Marijuana
- Heroin
- Ecstasy
- LSD
- Peyote
It is important to note that though marijuana is on the top of this list, New Jersey has downgraded its consequences over the years. That being said, it is still a crime to possess any marijuana, but courts are willing to work with the defendant to avoid more serious penalties. New Jersey also appreciates the medical benefits, allowing for medical marijuana in a very strict and regulated market.
Schedule II drugs are considered less dangerous. These drugs come with some medical benefits but a high potential for abuse. This schedule includes:
- Methamphetamine
- Vicodin
- Cocaine
- Dilaudid
- Adderall/ Ritalin
- Methadone
- OxyContin
Schedule III drugs are less dangerous than schedule II, come with less abuse, and are known to have medical benefits. These include:
- Codeine
- Testosterone
- Ketamine
- Anabolic Steroids
Schedule IV and V are controlled substances often used in the medical community. These include Xanax, Darvocet, Valium, Ambien, and drugs with low amounts of codeine.
Factors that impact drug offenses
When a person is arrested with drugs in New Jersey, the facts of the case matter greatly. As stated above, the court will consider the scheduling of the drug, apart from marijuana. Marijuana possession, under 50 grams is a disorderly person offense, burdening the convicted with major fines and possible jail time. Make no mistake, a marijuana possession charge will be on your criminal record and could seriously impact your future. Aside from that exception, other factors that impact a case include the quantity in your possession, the place of the arrest, and whether there is proof of sales.
If you are caught and evidence shows an intent to sell or sales itself, the matter can be much worse. It is a very serious crime that will need the attention of an effective criminal defense attorney. Also important in drug distribution cases is the amount, the place of the arrest, and the scheduling of the drug.
Contact an experienced drug arrest defense attorney
It is important to have quality legal support on your side when facing an arrest for drug possession or distribution. Our firm will work to mitigate the effects of the charges or fight to dismiss them altogether. Over the years, The Law Offices of George J. Mardinly has successfully helped countless clients arrested with drugs. We examine every facet of the arrest to defend your rights and future. If you need an experienced criminal defense attorney, please contact The Law Offices of George J. Mardinly for a consultation.