Possession of Cocaine in New Jersey

Elizabeth, NJ Possession of Cocaine Attorney

                                     Possession of Cocaine charge in New Jersey

Cocaine, a powerfully addictive drug, poses severe health and societal risks. New Jersey, like many states, has enacted strict laws to combat the possession, distribution, and use of cocaine. The New Jersey law that prohibits the possession or use of cocaine is NJSA 2C:35-10. If you are charged with possession of cocaine, drug charge, drug distribution charge, then understanding the legal consequences is very important.  Knowing what cocaine possession in New Jersey is crucial for preventing unlawful activities and staying on the right side of the law. If you or a loved one is facing a possession of cocaine charge in New Jersey, Attorney Brett M. Rosen is an excellent choice. Here’s why:

  1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
  2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
  3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
  4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
  5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing a possession of cocaine charge in New Jersey, it is important that legal assistance is sought. Contact our criminal justice law firm today to discuss your potential 2C:35-10 case.

What is a Cocaine Possession Charge in New Jersey? 

Possessing cocaine in New Jersey refers to having control or dominion over the controlled substance, whether physically or constructively. Per the New Jersey Model Jury Charge, possession of cocaine is defined as, “it is unlawful for any person knowingly or purposely, to obtain or to possess, actually or constructively, a controlled dangerous substance.” Actual possession means having the drug on one’s person or in an easily accessible place. Constructive possession occurs when there is sufficient evidence linking an individual to the controlled substance, even if it’s not physically present.

Classification of Cocaine Possession in New Jersey

Simple Possession

Simple possession of cocaine in New Jersey can carry significant prison time and large fines. Possession of cocaine charge in New Jersey is categorized as a third-degree crime. A third degree crime carries a potential prison sentence ranging from a minimum of three (3) to five (5) years. A third degree crime typically carries a $15,000 fine, but cocaine possession in New Jersey carries fines of up to $35,000.

Possession with Intent to Distribute

If an individual is found in possession of cocaine with the intent to sell, distribute, or manufacture the drug, it’s considered a second-degree crime. A distribution of cocaine charge   carries harsher penalties, including imprisonment of a minimum of five (5) years and imprisonment for up to ten (10) years and fines exceeding $150,000.

Factors Influencing Sentencing in NJ Cocaine Possession

When determining the appropriate sentence for cocaine possession, New Jersey courts consider several factors, including:

Quantity of Cocaine

The amount of cocaine possessed plays a significant role in sentencing. Larger quantities typically result in more severe penalties.

Prior Criminal Record

Individuals with a history of drug-related or violent offenses may face enhanced penalties for cocaine possession. Whereas, someone with no criminal record and a small amount of cocaine will likely be looked at in a better light by the court. 

Role in the Drug Trafficking Operation

If the defendant is found to be part of a larger drug trafficking ring or holds a leadership position, the sentence may be harsher. A drug trafficking charge is a serious charge that can lead to serious prison time. 

What are the Consequences of New Jersey Cocaine Possession Conviction?

A cocaine possession conviction in New Jersey can have a lasting impact on your life. It carries potential jail time, and fines. However, it also carries other consequences explained below. 

 Criminal Record

A conviction for cocaine possession can result in a permanent criminal record, affecting employment, housing, and educational opportunities. It can also lead to prison time. A cocaine possession charge is a third degree indictable (felony). This means that if convicted you can be facing the following:

  • A minimum of three (3) years and a maximum of five (5) years in New Jersey State Prison
  • A fine up to $15,000, as well as other fines, fees, and court costs

Loss of Driving Privileges

Driving while under the influence of cocaine or having a detectable level of cocaine in the bloodstream can lead to the suspension or revocation of driving privileges. Certainly! A cocaine possession charge in New Jersey can indeed have consequences related to driving privileges. Here are some potential outcomes:

  • Driver’s License Suspension: If convicted, your driver’s license may be suspended. The duration of the suspension can vary based on the specific circumstances and prior offenses.
  • Reinstatement Requirements: After a license suspension, you’ll need to fulfill certain requirements (such as paying fines, attending classes, or completing community service) to regain your driving privileges.

Remember that each case is unique, and it’s essential to consult with a qualified attorney who can guide you through the legal process and advise you on the best course of action to protect your driving privileges. Call our office today for a consultation. 

Immigration Consequences

For non-citizens, a cocaine possession conviction may result in deportation proceedings or denial of citizenship applications. Cocaine possession charges in New Jersey can have serious implications for individuals who are not U.S. citizens. Non-citizens may face the following immigration-related consequences:

  • Deportation: Conviction for cocaine possession can lead to deportation proceedings.
  • Denial of Naturalization: Non-citizens seeking naturalization (becoming a U.S. citizen) may be denied if they have a drug-related conviction.
  • Other Immigration Consequences: Cocaine possession can impact eligibility for various forms of relief or benefits.

It’s crucial for non-citizens facing criminal charges to consult with an immigration attorney to understand the potential consequences and explore defense strategies that minimize immigration risks.

What Defenses are available to a New Jersey Cocaine Possession Charge?

If you or a loved one is facing a cocaine possession charge, then this is a serious offense that can result in harsh penalties, such as prison time, fines, and license suspension. However, there may be some possible defenses that can help you fight the charge and avoid conviction. Here are some of the common defenses for cocaine possession in New Jersey, based on the information I found from various sources:

  • Illegal search and seizure: This defense challenges the legality of how the police obtained the evidence against you. If the police violated your constitutional rights by searching you or your property without a warrant, probable cause, or consent, then the evidence may be suppressed and the charge may be dismissed.
  • Coercion or intimidation: This defense claims that you were forced or threatened to possess cocaine against your will. For example, if someone planted cocaine on you or threatened to harm you or your family if you did not carry cocaine for them, then you may have a valid defense. However, this defense can be difficult to prove and requires evidence to support your claim.
  • Entrapment: This defense argues that you were induced or persuaded by law enforcement to commit a crime that you would not have otherwise committed. For example, if an undercover officer or informant pressured you to buy or accept cocaine from them, then you may have been entrapped. However, this defense does not apply if you were already predisposed to possess cocaine or if you acted on your own initiative.
  • Paraphernalia used lawfully: This defense asserts that the items found in your possession were not used for cocaine, but for a legitimate purpose. For example, if you had a prescription for a medication that contains cocaine, such as a local anesthetic, then you may have a lawful reason to possess paraphernalia related to cocaine. However, this defense requires proof of a valid prescription and medical necessity.

These are some of the possible defenses for cocaine possession in New Jersey, but they are not guaranteed to work in every case. The outcome of your case may depend on various factors, such as the amount and type of cocaine involved, your criminal history, the strength of the prosecution’s evidence, and the skill of your defense attorney. Therefore, it is highly recommended that you consult with a qualified and experienced criminal defense lawyer who can review your case and advise you on the best course of action. Contact our office today for a consultation regarding your New Jersey Cocaine Possession charge. 

Pre-Trial Intervention & Drug/Recovery Court

Pre-trial intervention (PTI) and drug/recovery court are two possible options for a cocaine possession charge in New Jersey, depending on the circumstances of your case. These are diversion programs that aim to rehabilitate offenders and reduce recidivism, rather than punish them with incarceration. However, they are not available for everyone and they have certain eligibility criteria and conditions that you must meet. Here is a brief overview of each program:

  • Pre-trial intervention (PTI): This program allows you to avoid prosecution and conviction by entering a period of supervision, usually between one and three years, under the guidance of a probation officer. You must comply with the terms of the program, such as drug testing, community service, counseling, restitution, or other requirements. If you successfully complete the program, the charges against you will be dismissed and you will not have a criminal record. However, if you fail to complete the program or commit a new offense, you will be terminated from the program and face the original charges. To be eligible for PTI, you must be a first-time offender or have no prior convictions, and the offense must be nonviolent and indictable (meaning it can be tried in Superior Court). You must also apply for PTI before your indictment and obtain the consent of the prosecutor and the court. PTI is not guaranteed and it is granted at the discretion of the authorities. Some factors that may affect your eligibility include the nature and severity of the offense, your personal and criminal history, your motivation and willingness to change, and the impact of the offense on the victim and society.
  • Drug/recovery court: This program is a specialized court that handles cases involving drug-addicted offenders who face a prison sentence of at least one year. The program offers intensive treatment and supervision, as well as incentives and sanctions, to help you overcome your addiction and address the underlying causes of your criminal behavior. The program lasts for at least 18 months and consists of five phases, each with different goals and expectations. You must appear before the drug court judge regularly, participate in individual and group therapy, attend self-help meetings, submit to frequent drug testing, and comply with other conditions. If you successfully graduate from the program, you will receive a certificate of completion and your sentence will be reduced or suspended. However, if you fail to comply with the program or commit a new offense, you will face the consequences of your original sentence or a new charge. To be eligible for drug court, you must be diagnosed with a substance use disorder, be willing to enter and complete the program, and not have any prior convictions for violent crimes2. You must also be referred to the program by the prosecutor, the public defender, or the court, and be accepted by the drug court team. Drug court is not a right and it is a voluntary program that requires your consent and cooperation.

These are some of the main differences between PTI and drug court in New Jersey. Both programs offer an opportunity to avoid or reduce the penalties of a cocaine possession charge, but they also have different requirements and outcomes. Therefore, it is important that you consult with a qualified and experienced criminal defense lawyer who can advise you on the best option for your case and help you navigate the legal process. Contact our office today to discuss the possibility of drug court or pre-trial intervention if you or a loved one is facing a possession of cocaine charge in New Jersey. 

Frequently Asked Questions (FAQs)
  • Question: Will I go to jail for a cocaine possession charge in New Jersey?
    • Answer: In New Jersey, possession of cocaine is considered a third-degree indictable offense. If convicted, this could result in a prison sentence of 3 to 5 years and a fine of up to $35,000. However, the actual outcome can vary greatly depending on several factors, including the amount of cocaine, the circumstances of the arrest, and whether it’s a first offense.

 

  • Question: Can I expunge a cocaine possession charge off my record in New Jersey?
    • Answer: New Jersey law does allow for the expungement of certain drug convictions, including cocaine possession, under some circumstances. Here’s a breakdown of the eligibility:
      • Waiting period: In most cases, you need to wait five years after completing your sentence (including probation or parole) to apply for expungement. There are some exceptions that allow for a shorter waiting period.

      • Clean record: You cannot have any other convictions on your record besides the one you seek to expunge, with a few exceptions. Minor offenses may be allowed.

      • Fees and fines: All fines and fees associated with the original cocaine possession charge must be paid.

 

Premier New Jersey Cocaine Possession Charge Lawyer

Possession of cocaine in New Jersey carries serious legal consequences, including prison sentences, fines, and long-term implications. If you’re facing such charges, promptly seeking legal guidance is crucial to protect your rights and potentially mitigate the severity of the penalties. There are many reasons why you should consider hiring Brett M Rosen as your criminal defense lawyer for your cocaine possession charge in New Jersey. Here are some of them:

  • Experience and recognition: Rosen has over eight years of experience in criminal law, handling cases involving drug crimes, violent crimes, sex crimes, fraud, gun crimes, and moreHe has also been recognized as one of the top criminal defense attorneys of 2023 by various publications and organizations. He has also been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive.
  • Passion and dedication: Rosen is passionate about defending the rights of his clients and fighting for justice. He believes in standing up for the little guy and giving everyone a fair chance in court. He is dedicated to his clients and treats them like family. He is always available to answer their questions, address their concerns, and update them on their case. He also works hard to prepare for every case and explore every possible defense strategy.
  • Assertiveness and skill: Rosen is assertive and confident in the courtroom. He is not afraid to challenge the prosecution’s evidence and witnesses. He is skilled in cross-examination, trial advocacy, and negotiation. He knows how to tell a compelling story and persuade the jury to see his client’s side. He has a track record of winning cases and obtaining favorable outcomes for his clients, even in seemingly impossible situations.
  • High-profile cases: Rosen has handled some high-profile cases involving celebrities and reality stars. He has successfully defended a karate instructor accused of sexually assaulting an 11-year-old student, a Grammy-Award winning artist charged with drug offenses, and a celebrity facing domestic violence allegations. He has also settled close to $1 million of personal injury cases within three months. He has the experience and expertise to handle complex and sensitive cases with professionalism and discretion.

These are some of the reasons why Brett M Rosen is a great choice for your criminal defense lawyer in New Jersey. He has the experience, recognition, passion, dedication, assertiveness, and skill to represent you and protect your rights. He also has the reputation and results to back up his claims. If you are looking for a lawyer who will fight for you and your future, you should contact Brett M Rosen today and schedule a free consultation. He will review your case and advise you on the best course of action. He will also explain the possible defenses, options, and outcomes for your cocaine possession charge in New Jersey. He will work with you to achieve the best possible result for your case. Don’t wait, call Brett M Rosen now and let him help you.