Cocaine Possession Charges Attorney in Elizabeth, New Jersey

Have you been arrested or charged with cocaine possession in Elizabeth, New Jersey? The consequences of a drug conviction can be devastating, impacting your freedom, employment, and future. If you’re facing possession of cocaine charges in Elizabeth, NJ, securing a knowledgeable attorney like Brett M. Rosen can be pivotal for your defense. With years of specialized experience in criminal defense litigation, Mr. Rosen’s expertise is recognized by clients and peers alike, earning him the title of “one of NJ’s finest attorneys” and a “Rising Star” by Super Lawyers. His proven trial skills and 24/7 availability ensure dedicated and effective representation. For those seeking a robust defense against serious drug charges, Brett M. Rosen’s legal acumen and client-focused approach make him an excellent choice to navigate the complexities of New Jersey’s drug laws.

Contact him today for a free and confidential consultation at 908-312-0368.

In New Jersey, possessing any amount of cocaine, whether it’s powder or crack cocaine, is illegal. Specifically, the law states that: 

•  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 from a practitioner

It is the Union County Prosecutor’s Office burden to prove beyond a reasonable doubt all elements of the charge. They must prove the following elements: 

1.  S_____ is a controlled dangerous substance.
   OR
   1. S is a controlled substance analog.
2.  That the defendant possessed or obtained S _____.
3. That the defendant acted knowingly or purposely in possessing or
   obtaining S _____.

If the prosecutor fails to prove one element beyond a reasonable doubt, then the defendant must be found not guilty of possessing cocaine. 

Cocaine Possession Penalties in Elizabeth, NJ

Cocaine is classified as a third-degree crime, carrying penalties including:

• Prison Sentence: Up to 5 years in state prison
• Fines: Up to $35,000
• License Suspension: Potential driver’s license suspension
• Permanent Criminal Record: A conviction will stay on your record, affecting future employment and housing opportunities.

Factors That Affect Sentencing

The specific penalties you face can vary depending on several factors:

• Amount of Cocaine: Larger quantities may result in more severe charges and harsher penalties.
• Intent to Distribute: If you’re accused of possessing cocaine with the intent to sell or distribute it, you’ll face even more severe penalties.
• Prior Convictions: Previous drug offenses can increase the potential sentence.
• Location: Possessing cocaine in a school zone or public park can lead to enhanced penalties.

Defending Against Cocaine Possession Charges in Elizabeth, NJ: Proven Strategies

Facing cocaine possession charges in Elizabeth, New Jersey, can be overwhelming. However, you are not without options. An experienced criminal defense attorney can explore various legal strategies to challenge the evidence against you and protect your rights. Here are some of the potential defenses we can employ:

1. Illegal Search and Seizure:

• Fourth Amendment Violations: If law enforcement obtained the cocaine through an unconstitutional search (e.g., without a warrant, probable cause, or valid consent), the evidence can be suppressed, potentially leading to dismissal of the charges.
• Miranda Rights Violations: If your Miranda rights (right to remain silent, right to an attorney) were violated during your arrest or interrogation, any statements you made could be inadmissible.

2. Lack of Knowledge or Control:

• You Didn’t Know It Was There: Perhaps the cocaine was planted or belonged to someone else. If you can prove you had no knowledge of its presence, you may have a strong defense.
• You Didn’t Know It Was Cocaine: Maybe you believed it was another substance, such as a prescription medication. Demonstrating a lack of awareness of the drug’s nature could be key.

3. Prescription Defense:

• Valid Prescription: If you possessed the cocaine as part of a legitimate prescription for medical treatment, this can be a valid defense. You must provide documentation and evidence to support this claim.

4. Challenging Lab Results:

• Chain of Custody Issues: We can examine the chain of custody to ensure the evidence was handled properly and not tampered with. Any inconsistencies can raise doubts about the validity of the lab results.
• Accuracy of Testing: We can challenge the accuracy of the lab tests used to identify the substance as cocaine, especially if there are concerns about contamination or faulty procedures.

5. Amount and Intent:

• Usable Amount: In some cases, the amount of cocaine found may be too small to support a possession charge. If the quantity is not considered a usable amount, the charges may be reduced or dismissed.
• Lack of Intent to Distribute: If the prosecution alleges intent to distribute, we can argue that the amount of cocaine and the circumstances surrounding your possession do not support this claim.

6. Entrapment:

• Induced by Law Enforcement: If law enforcement used coercive tactics or undue influence to induce you to commit a crime you wouldn’t have otherwise committed, this could be a defense.

7. Other Defenses:

• Mistaken Identity: If there’s a chance you were misidentified as the person possessing the cocaine, this can be a viable defense.
• Alibi: If you have a credible alibi that places you somewhere else at the time of the alleged possession, this can raise reasonable doubt.

Frequently Asked Questions About Cocaine Possession Charges in Elizabeth, NJ

Cocaine Distribution Lawyer Elizabeth, New Jersey

1. What is the penalty for cocaine possession in New Jersey? Possessing any amount of cocaine in New Jersey is a third-degree crime, punishable by up to 5 years in prison and a fine of up to $35,000. Additional penalties may apply, such as driver’s license suspension and a permanent criminal record.

2. What if I only had a small amount of cocaine? Even possessing a small amount of cocaine is illegal in New Jersey. However, the amount can influence the severity of the charges and potential penalties.

3. What if I was just holding it for someone else? Simply holding cocaine for someone else still constitutes possession under New Jersey law and can lead to criminal charges.

4. What should I do if I’m arrested for cocaine possession? Exercise your right to remain silent and immediately ask for an attorney. Do not discuss your case with anyone but your lawyer.

5. What defenses are available in cocaine possession cases? Common defenses include illegal search and seizure, lack of knowledge or control, valid prescription, challenging lab results, and insufficient evidence of intent to distribute.

6. Can I get the charges dismissed? Dismissal of charges is possible, but it depends on the specifics of your case and the strength of the evidence against you. An experienced attorney can evaluate your case and explore all options for a favorable outcome.

7. What are the consequences of a cocaine possession conviction? A conviction can result in jail time, fines, probation, community service, mandatory drug treatment, driver’s license suspension, and a permanent criminal record.

8. Can I get my record expunged after a conviction? New Jersey law allows for expungement of certain criminal records, including some drug offenses. However, the eligibility requirements and process can be complex, so it’s important to consult with an attorney.

9. How much does it cost to hire a lawyer for a cocaine possession case? Attorney fees vary depending on the complexity of your case and the attorney’s experience. Many firms offer free consultations to discuss your case and provide fee estimates.

10. Why should I hire an Elizabeth, NJ cocaine possession lawyer? A local attorney familiar with the Elizabeth court system, prosecutors, and judges can provide invaluable insights and build a strong defense strategy tailored to your specific case.

Additional FAQS of Possession of Cocaine

• Will a cocaine possession conviction affect my employment opportunities?
  • Yes, a drug conviction can negatively impact your ability to find or keep a job, especially in certain professions that require background checks or security clearances.
• What should I expect at my first court appearance for a cocaine possession charge?
  • Your first appearance will likely be an arraignment, where you’ll be formally charged and informed of your rights. You’ll have the opportunity to enter a plea, and the judge may address bail or other conditions of release.
• What is the difference between simple possession and possession with intent to distribute cocaine in NJ?
  

  • Simple possession typically involves a small amount of cocaine for personal use. Possession with intent to distribute involves a larger quantity, along with other evidence suggesting an intent to sell, like packaging materials, scales, or large amounts of cash.

• What happens if I’m caught with cocaine and paraphernalia, like a pipe or scale?

  • You can face additional charges for possession of drug paraphernalia, which can carry its own penalties, including fines and potential jail time.

• What if I have a prior drug conviction? Will the penalties be more severe?

  • Yes, prior drug convictions can lead to enhanced penalties for subsequent offenses. The severity of the enhancement will depend on the nature of your prior conviction and the current charges you’re facing.

• What if I was under the influence of cocaine when I was arrested? Will that affect my case?

  • Being under the influence of cocaine at the time of arrest can be used as evidence against you, potentially strengthening the prosecution’s case. However, an experienced attorney can challenge the evidence and explore potential defenses related to your state of mind or the circumstances surrounding your arrest.

• Can a drug charge affect my child custody or visitation rights?

  • Yes, a drug conviction, including cocaine possession, can negatively impact your child custody or visitation rights. The court will consider the child’s best interests and your ability to provide a safe and stable environment.

Why Choose Brett M. Rosen, Esq. for Your Elizabeth, NJ Cocaine Charge?

Cocaine Defense Attorney in Elizabeth, New Jersey

Take Action Now to Protect Your Future

If you’re facing cocaine possession charges in Elizabeth, NJ, don’t wait. Contact Brett M. Rosen, Esq. today to schedule your free consultation and let us fight for your freedom.

908-312-0368

brett@nynjcriminalcivilesq.com