Cocaine Possession

Morristown NJ Cocaine Criminal Lawyer

As a Schedule II drug under the Controlled Substance Act, cocaine is considered to have highly addictive and detrimental attributes. In an effort to curb addiction and any other ancillary effects of cocaine use, legislatures have created strict criminal statutes to punish any possession or use of cocaine. For arrests involving cocaine possession, the indictable matter will be handled by the Morris County Superior Court. Conversely, being under the influence of cocaine is a disorderly persons offense that will be handled by the particular municipality in which the arrest took place. The Law Offices of Jonathan F. Marshall has a staff of veteran attorneys who have handled drug possession charges at both the municipal and superior court level in New Jersey. Give us a call, free of charge, at (973)971-0030 and we can discuss your case to determine if you may be eligible for a diversionary programs such as Pre-Trial Intervention (PTI) or Drug Court.

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

Criminal charges for possession of cocaine in New Jersey are governed by N.J.S. 2C:35-10(a)(1) which provides in pertinent part:

§ 2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition

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, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 35,000.00 may be imposed.

Penalties for Cocaine Possession in NJ: Weight and Location are Important

Cocaine possession in New Jersey is generally a third degree offense. However, the grading of your cocaine possession charges depend on the weight of the cocaine in your possession, the location where the possession took place (i.e. near a public park, school, or housing facility), and whether or not you are also charged with possession with intent to distribute cocaine (which typically depends on the amount in your possession and if there was any drug paraphernalia present such as scales, baggies, etc.). If your possession charge is a simple possession charge (third degree), then you are eligible for the Pre-Trial Intervention (PTI) program if you have no prior criminal record.

Our law firm is willing to discuss the facts and issues of your case with you at your convenience. The Morristown and Parsippany office can be reached at (973) 971-0030.