Drug Charges in Union County, NJ? Your Defense Starts Now with Brett M. Rosen, Esq.
Drug Charges Attorney Union County, NJ
Have you been arrested or charged with a drug offense in Union County, New Jersey? The consequences of a drug conviction can be devastating, impacting your freedom, reputation, and future opportunities. Don’t face this alone.
Brett M. Rosen, Esq., is a leading criminal defense lawyer in New Jersey with extensive experience defending clients against drug charges in Union County. We understand the complex legal landscape and the harsh penalties associated with drug offenses. Our team of skilled attorneys is dedicated to protecting your rights, exploring every possible defense strategy, and fighting for the best possible outcome in your case.
Why Choose Brett M. Rosen, Esq. for Your Union County Drug Charge Defense?
- Extensive Experience: Our attorneys have a proven track record of successfully defending clients against a wide range of drug charges, from simple possession to distribution and trafficking. We have an in-depth understanding of New Jersey’s drug laws and the nuances of the local court system.
- 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.
- 24/7 Availability: We know that legal emergencies don’t always happen during business hours. That’s why we offer 24/7 availability to our clients. If you need us, we’re just a phone call away.
- Certified: Brett M. Rosen is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This distinction is held by approximately less than 1% of attorneys in New Jersey.
Understanding Drug Laws in New Jersey
New Jersey has some of the toughest drug laws in the country, with severe penalties for drug-related offenses. These laws are complex and vary depending on several factors, including:
- Type of Drug: New Jersey classifies drugs into different schedules based on their potential for abuse and medical value. Schedule I drugs (e.g., heroin, LSD) carry the harshest penalties, while Schedule V drugs (e.g., cough syrup with codeine) carry the least severe penalties.
- Amount of Drug: The quantity of drugs involved can significantly impact the charges and penalties you face. Possessing a larger amount of drugs will typically result in more severe 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 in certain locations, such as school zones, public parks, or public housing, can carry enhanced penalties.
- Criminal History: Your prior criminal record, if any, can also influence the charges and penalties you face.
Common Drug Charges in Union County
- 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.
- 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 the quantity of drugs, the presence of drug paraphernalia, or other evidence.
- Distribution of CDS: This involves the actual act of selling, delivering, or transferring illegal drugs to another person.
- Manufacturing of CDS: This charge applies to individuals who produce, cultivate, or manufacture illegal drugs.
- 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.
Penalties for Drug Charges in New Jersey
The penalties for drug offenses in New Jersey can be severe, depending on the specific charge, the type and amount of drug involved, your prior criminal history, and any aggravating factors. 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, and community service.
- Driver’s License Suspension: Certain drug offenses can result in the suspension of your driver’s license.
- Criminal Record: A drug conviction will result in a permanent criminal record, which can have lasting consequences on your employment, housing, and other aspects of your life.
- Forfeiture: Assets used in the commission of a drug crime or obtained through illegal drug activity can be seized by the state.
N.J.S.A. 2C:35-10 Penalties: New Jersey Controlled Dangerous Substance (CDS) Possession & Distribution
Offense | Schedule | Quantity | Degree of Crime | Prison Sentence | Fine | Other Penalties |
Possession of CDS | I, II, III, IV | Any | 3rd Degree | Up to 5 years | Up to $35,000 | |
Possession of CDS | V | Any | 4th Degree | Up to 18 months | Up to $15,000 | |
Possession of Marijuana/Hashish | N/A | Over 50 grams marijuana or 5 grams hashish | 4th Degree | Up to 18 months | Up to $25,000 | |
Possession of Marijuana/Hashish | N/A | 50 grams or less marijuana or 5 grams or less hashish | Disorderly Person | Up to 6 months | Up to $1,000 | |
Distribution, Manufacturing, or Possession with Intent to Distribute CDS (any schedule) | Any (See Below) | Varies (See Below) | Varies (See Below) | Varies (See Below) | Depends on schedule, quantity, and other factors (See Below) | |
Being Under the Influence of CDS | Any | Any | Disorderly Person | Up to 6 months | Up to $1,000 | |
Failure to Make Lawful Disposition of CDS | Any | Any | Disorderly Person | Up to 6 months | Up to $1,000 | |
Distribution of CDS within 1,000 feet of school property | Any | Any | Penalty Enhancement | Adds 3 years | ||
Distribution of CDS to a person under 18 | Any | Any | Penalty Enhancement | Adds 5 years |
N.J.S.A. 2C:35-5 Penalties: Distribution, Manufacturing, or Possession with Intent to Distribute CDS in New Jersey
Here’s a spreadsheet detailing the penalties for Distribution, Manufacturing, or Possession with Intent to Distribute CDS (any schedule) under N.J.S.A. 2C:35-5:
Offense | Schedule | Drug Type & Quantity | Degree of Crime | Prison Sentence | Fine | Other Penalties |
Distribution/Manufacturing/PWID | I or II | 5 ounces or more of heroin or cocaine | 1st Degree | Up to 20 years | Up to $500K | Mandatory parole ineligibility (1/3-1/2) |
Distribution/Manufacturing/PWID | I or II | ½ ounce to less than 5 ounces of heroin or cocaine | 2nd Degree | Up to 10 years | Up to $150K | |
Distribution/Manufacturing/PWID | I or II | Less than ½ ounce of heroin or cocaine | 3rd Degree | Up to 5 years | Up to $75K | |
Distribution/Manufacturing/PWID | I, II, III, IV | Any other substance (specific thresholds vary by drug and schedule) | Varies | Varies | Varies | See N.J.S.A. 2C:35-5 for details |
Distribution/Manufacturing/PWID | V | Any quantity | 4th Degree | Up to 18 months | Up to $25K | |
Distribution/Manufacturing/PWID (Enhancements) | Any | Within 1,000 feet of school property | +3 years | |||
Distribution/Manufacturing/PWID (Enhancements) | Any | To a person under 18 | +5 years |
Potential Defenses Against Union County Drug Charges
Every drug case in Union County, NJ is different, and the most effective defense strategy will depend on the specific facts and circumstances. Some common defenses that Brett M. Rosen, Esq., may explore include:
- Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights against illegal search and seizure, any evidence obtained may be inadmissible in court.
- Lack of Possession: If you can prove that the drugs were not yours or that you were unaware of their presence, you may be able to avoid conviction.
- Entrapment: If law enforcement induced or coerced you into committing a drug offense, you may have a valid defense.
- Medical Necessity: In some cases, possessing a controlled substance for legitimate medical reasons with a valid prescription can be a defense.
- Lack of Intent to Distribute: If you are charged with distribution, but you can prove that the drugs were for personal use, you may face lesser charges.
- Chain of Custody Issues: If the prosecution cannot prove the chain of custody of the evidence, meaning they can’t demonstrate that the drugs were handled properly and not tampered with, it may weaken their case.
- Factual Innocence: If you can provide evidence that you were not involved in the alleged drug activity, you may be able to prove your innocence.
Frequently Asked Questions (FAQs) about Drug Charges in Union County
What should I do if I am arrested for a drug offense in Union County, New Jersey?
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.
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.
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.
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.
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.
FAQs Continued
Can I be charged with a drug offense if I was just a passenger in a car where drugs were found? Yes, it’s possible. You can be charged with constructive possession if the prosecutor can prove you knew about the drugs and had control over them, even if they weren’t on your person.
What happens if I am charged with possession of drug paraphernalia? Possession of drug paraphernalia is typically a disorderly persons offense, but the penalties can increase if the offense occurred in a school zone or if you have prior convictions.
Can I get my driver’s license suspended for a drug offense? Yes, certain drug offenses, such as driving under the influence of drugs, can result in a license suspension.
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.
What should I do if I am facing a drug charge in Union County, NJ? The most important thing you can do is seek legal counsel from an experienced criminal defense attorney like Brett M. Rosen, Esq. We can help you understand the charges against you, explore your legal options, and build a strong defense to protect your rights and future.
Union County, New Jersey Drug Offense Lawyer
If you are facing drug charges in Union County, 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.