Drug Charges Attorney Rahway, NJ

Drug Charges Attorney Rahway, NJ

Facing Drug Charges? Don’t Risk Your Future. We Can Help.

Have you been arrested or charged with a drug-related offense in Rahway, New Jersey? The consequences of a drug conviction can be devastating, impacting your freedom, reputation, and future opportunities. Don’t face this challenge alone.

Brett M. Rosen, Esq. is a leading criminal defense attorney in Union County, New Jersey, with a proven track record of defending clients against drug charges in Rahway and throughout Union County. Our dedicated team of attorneys understands the complexities of New Jersey’s drug laws and the specific challenges faced by individuals charged in Rahway. We’re committed to providing you with aggressive representation, compassionate support, and a personalized legal strategy to protect your rights and achieve the best possible outcome.

Why Choose Brett M. Rosen, Esq. for Your Rahway Drug Charge Defense?

• Extensive Experience: Our attorneys have a proven track record of success in defending clients against a wide range of drug charges in Rahway, from simple possession to distribution and trafficking. We have an in-depth understanding of New Jersey’s drug laws, the local court system, and the tactics used by prosecutors.
• Proven Results: We are dedicated to achieving the best possible outcomes for our clients. Our track record includes securing dismissals, reduced charges, alternative sentencing options, and successful defenses at trial.
• Client-Centered Approach: We understand the stress and anxiety that come with facing drug charges. We provide personalized attention, compassionate support, and clear communication throughout the legal process. Your well-being is our top priority.
• Aggressive Advocacy: We are tireless advocates for our clients. We will leave no stone unturned in our pursuit of justice, challenging the evidence against you, negotiating with prosecutors, and presenting a compelling defense in court.
• Local Expertise: We are deeply familiar with the Rahway Municipal Court and the Union County Superior Court. Our attorneys know the local judges, prosecutors, and court procedures, which gives us a unique advantage in your case.

Understanding Drug Laws in Rahway, NJ

New Jersey has some of the strictest drug laws (N.J.S.A. 2C:35-10) in the country, with severe penalties for even seemingly minor drug-related offenses. These laws are complex and vary depending on several factors:

• Type of Drug: New Jersey classifies drugs into different schedules based on their potential for abuse and accepted medical use (if any). Schedule I drugs, like heroin, LSD, and ecstasy, carry the harshest penalties, while Schedule V drugs, like cough syrup with codeine, have the least severe penalties.
• Amount of Drug: The quantity of drugs involved can significantly impact the severity of the charges and potential penalties. Possessing a larger amount of drugs will typically result in more serious charges.
• Intent: If you are accused of possessing drugs with the intent to distribute, you will likely face more serious charges and penalties than if you are charged with simple possession.
• Location: Drug offenses committed near schools, parks, or public housing can carry enhanced penalties due to the increased risk to children and communities.
• Prior Criminal Record: Your prior criminal history can also influence the charges and penalties you face.

Common Drug Charges in Rahway

Our firm represents individuals facing a variety of drug charges in Rahway, including:

• Possession of a Controlled Dangerous Substance (CDS): This is the most common drug charge and can involve any illegal drug, including marijuana, cocaine, heroin, methamphetamine, ecstasy, and prescription drugs without a valid prescription. The penalties vary depending on the drug and amount.
• Possession with Intent to Distribute: This charge is brought when the prosecution believes you intended to sell or distribute the drugs in your possession. This can be based on factors such as the quantity of drugs, the presence of drug paraphernalia (e.g., scales, baggies), large amounts of cash, or communications indicating intent to sell.
• Distribution of CDS: This involves the actual act of selling, delivering, or transferring illegal drugs to another person. The penalties are typically much harsher than for simple possession.
• Manufacturing of CDS: This charge applies to individuals who produce, cultivate, or manufacture illegal drugs. The penalties for manufacturing are often the most severe.
• Drug Paraphernalia: Possessing items used to consume, manufacture, or distribute drugs, such as pipes, bongs, syringes, or scales.
• Prescription Drug Fraud: Obtaining prescription drugs through deceit or misrepresentation, such as forging a prescription or “doctor shopping.”

Penalties for Drug Charges in New Jersey

The penalties for drug offenses in New Jersey can be harsh, even for first-time offenders. Depending on the specific charge, the type and amount of drug involved, your prior criminal history, and any aggravating factors, the penalties can include:

• Fines: Ranging from hundreds to thousands of dollars, depending on the offense.
• Jail or Prison Time: Jail time for up to six months for disorderly persons offenses (misdemeanors) or prison time for indictable offenses (felonies) can be imposed.
• Probation: This can include conditions like random drug testing, mandatory counseling or rehabilitation, and community service.
• Driver’s License Suspension: Certain drug offenses can result in the suspension of your driver’s license, even if the offense was not committed while driving.
• Criminal Record: A drug conviction will result in a permanent criminal record, which can have lasting consequences on your employment, housing, and other opportunities.
• Forfeiture: Assets used in the commission of a drug crime or obtained through illegal drug activity can be seized by the state.

How Brett M. Rosen, Esq. Can Defend You Against Drug Charges in Rahway, New Jersey

Facing drug charges can be daunting, but you don’t have to face them alone. Brett M. Rosen, Esq. is dedicated to protecting your rights and fighting for the best possible outcome in your case. We will:

1. Conduct a Thorough Investigation:

• Analyzing the Circumstances of Your Arrest: We’ll carefully scrutinize every detail of your arrest, including the legality of the stop, search, and seizure, to ensure that your constitutional rights were not violated.
• Examining the Evidence: We will carefully review all evidence against you, including any seized drugs or paraphernalia, witness statements, and police reports. We will look for any inconsistencies, errors, or signs of misconduct that could be used to challenge the prosecution’s case.
• Consulting with Experts: If necessary, we will consult with experts in forensic science, toxicology, or other relevant fields to provide expert testimony to support your defense.

2. Challenging the Prosecution’s Case:

• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights against unreasonable searches and seizures, we will challenge the admissibility of any evidence obtained illegally.
• Chain of Custody Issues: We will scrutinize the handling of the evidence to ensure that it was properly collected, stored, and tested, and that there was no contamination or tampering.
• Lack of Evidence: We will assess whether the prosecution has sufficient evidence to prove the charges against you beyond a reasonable doubt.

3. Exploring All Potential Defenses:

We will tailor a defense strategy to your specific circumstances, exploring all available legal options. Some common defenses to drug charges include:

• Lack of Possession or Knowledge: We may argue that you did not knowingly possess the drugs or that you were unaware of their presence.
• Entrapment: If law enforcement used improper tactics to induce or coerce you into committing a drug offense, we can raise the defense of entrapment.
• Medical Necessity: If you possessed a controlled substance for legitimate medical reasons with a valid prescription, we can argue that your possession was lawful.
• Lack of Intent to Distribute: If you are charged with distribution, we may be able to argue that the drugs were for personal use and you had no intent to sell or distribute them.

4. Negotiating with Prosecutors:

• We are skilled negotiators and will work tirelessly to reach a favorable plea agreement with the prosecutor if possible. This could involve reducing the charges, seeking alternative sentencing options such as drug court or pre-trial intervention (PTI), or even dismissing the case entirely.
• We will use our knowledge of the local court system and our relationships with prosecutors to advocate for the best possible outcome for you.

5. Providing Skilled Courtroom Representation:

• If your case goes to trial, we will provide you with experienced and aggressive representation in court. We will fight for your rights, cross-examine witnesses, and present a compelling case in your defense.

Frequently Asked Questions About Drug Charges in Rahway, NJ

1. What should I do if I am arrested for a drug offense in Rahway, NJ? Invoke your right to remain silent and ask for an attorney. Do not answer any questions or make any statements to the police without legal counsel present.
2. Can I get a drug charge expunged from my record in New Jersey? In some cases, certain drug offenses may be eligible for expungement after a waiting period. Consult with an attorney to determine your eligibility.
3. Will a drug conviction affect my employment? Yes, a drug conviction can have a significant impact on your employment prospects, particularly in jobs that require background checks, security clearances, or professional licenses.
4. What is drug court in New Jersey? Drug court is an alternative sentencing program for non-violent offenders with substance abuse issues. It focuses on treatment and rehabilitation rather than incarceration.

5. What is the difference between possession and distribution charges? Possession charges typically involve having drugs for personal use, while distribution charges involve the intent to sell or distribute drugs to others. The penalties for distribution are significantly harsher.

6. Can I be charged with a drug offense if I was just a passenger in a car where drugs were found? Yes, you can be charged with constructive possession if the prosecutor can prove you knew about the drugs and had control over them.

7. What happens if I am charged with possession of drug paraphernalia? Possession of drug paraphernalia is typically a disorderly persons offense, but penalties can increase if the offense occurred in a school zone or if you have prior convictions.

8. Can I get my driver’s license suspended for a drug offense? Yes, certain drug offenses, even if not committed while driving, can result in a license suspension.

9. What are the consequences of a drug conviction on my immigration status? If you are not a U.S. citizen, a drug conviction can have serious immigration consequences, including deportation or denial of naturalization.

10. What if I was only holding drugs for a friend? Even if you were holding drugs for someone else, you could still be charged with possession. The law doesn’t require ownership, only that you knowingly had the drugs under your control.

11. Can a drug charge be dismissed in Rahway, New Jersey? Dismissal of a drug charge is possible but depends on the specific circumstances of your case, such as lack of evidence, illegal search and seizure, or successful completion of a diversionary program like PTI (Pre-Trial Intervention). An attorney can help you understand your options.

12. What is the difference between a plea bargain and going to trial for a drug charge? A plea bargain is an agreement between you and the prosecutor where you plead guilty to a lesser charge or fewer charges in exchange for a reduced sentence. Going to trial means your case will be heard before a judge and the judge will determine whether you are guilty or not guilty. 

13. What are the long-term consequences of a drug conviction in New Jersey?

    A drug conviction can have lasting consequences, including:

    • Criminal Record: This can affect your ability to find employment, housing, or obtain professional licenses. It can also impact your ability to travel or immigrate.
    • Stigma: The social stigma associated with a drug conviction can be difficult to overcome.
    • Difficulty Obtaining Employment: Many employers are hesitant to hire individuals with a criminal record, especially for drug offenses.
    • Loss of Professional Licenses: A drug conviction could lead to the suspension or revocation of your professional license, depending on your field of work.

14. Can I get my driver’s license suspended for a drug offense even if I wasn’t driving?

    Yes. In New Jersey, certain drug offenses, even if not committed while driving, can result in a license suspension. This can happen if you are convicted of possession, distribution, or intent to distribute certain controlled substances.

15. What if the drugs were found in my home, but they weren’t mine?

    If drugs are found in your home and you are charged with possession, you may be able to raise a defense of lack of possession or knowledge. However, the burden of proof is on you to show that the drugs did not belong to you or that you were unaware of their presence.

16. Can I be charged with a drug offense if I am addicted to drugs?

    Yes, addiction is not a defense to drug charges. However, it may be considered a mitigating factor during sentencing, and it may make you eligible for alternative sentencing programs like drug court.

Don’t Let Drug Charges Derail Your Life. Contact Brett M. Rosen, Esq. Today.

If you are facing drug charges in Rahway, New Jersey, don’t let this define your future. Contact Brett M. Rosen, Esq. for a free consultation. We will review your case, explain your options, and develop a personalized defense strategy to protect your rights and fight for the best possible outcome.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule a free consultation.