Arrested for drugs in Linden, New Jersey? Call our Linden drug possession attorneys at (908) 838-0150 for a free consultation about your case.
Charges for possession of CDS can happen to anyone. Recently, ex-Mets player Lenny Dykstra was arrested outside the Linden Police Headquarters in Linden, New Jersey after his Uber driver drove to the station, fearing for his life, and began honking on his horn until the police came out. The dispute started when Dykstra demanded that his Uber driver take him to a destination other than their originally agreed upon destination. The Uber driver refused and Dykstra allegedly proceeded to hold a weapon to the Uber driver’s head and threatened to kill him if he did not bring him where he wanted to go. When police approached the vehicle after the Uber driver rerouted to the police station, they did not find a weapon on Dykstra but they did find several different drugs including cocaine, marijuana, and MDMA (also known as ecstasy). The police arrested Dykstra and charged him with terroristic threats and multiple drug offenses.
The drug charges filed against Mr. Dykstra are issued on a regular basis in Linden, New Jersey. In the majority of cases, drug possession in New Jersey is charged as a third degree crime under NJSA 2C:35-10. For instance, possession of cocaine, heroin, and ecstasy (also known as Molly or MDMA), is considered a third degree crime punishable by up to 5 years in jail, regardless of the amount in your possession. Marijuana possession charges are graded differently, in that possessing under 50 grams is a disorderly persons offense handled in the local municipal court.
Companion Charges in Linden NJ Drug Cases
In some instances, a drug possession charge will be precipitated by another type of incident that gives rise to additional criminal charges. In this case, the defendant was first accused of making terroristic threats. When police searched him in the course of his arrest, they found the drugs that led to the additional charges for controlled dangerous substances.
Often times, when we think of terroristic threats, we think of matters of national security or violence committed by radical political activists. However, in New Jersey, you can be charged with terroristic threats even in situations like the one described above.
Specifically, under NJ law, you may be found guilty of terroristic threats if you threaten to kill another person with the intent to cause them to be in imminent fear for their life under circumstances where their fear is reasonable. You can also be guilty of the offense if you threaten to commit violence with the intention of terrorizing another person or with the intention of causing the evacuation of a building, public space, public transportation facility, or otherwise causing a serious public inconvenience. So, even if you do not in fact plan to carry out the threat, if you make the threat with the intent that the other person fear for their life or physical safety, you can be found guilty of the offense. Making terroristic threats in this way is a third degree crime and you can face penalties of 3-5 years of imprisonment and up to $15,000 in fines, if convicted of the offense.
Second degree terroristic threats involve circumstances different than those in Dykstra’s case. A person can be charged with second degree terroristic threats if they make terroristic threats during periods of state, national, or county emergency. It does not matter whether or not the individual making the threat knew there was a state of emergency; they will be held strictly liable regardless. If convicted of second degree terroristic threats, potential penalties include 5-10 years of imprisonment and fines of up to $150,000.
While not all of the facts in Dykstra’s case are known at this time, it appears that he may not have actually had a weapon, as the police did not recover a weapon from the vehicle. However, even if he held up some other object to the Uber driver’s head and threatened him, with the intention of making him believe the object was a deadly weapon, he may still be found guilty of terroristic threats.
Drug Possession Lawyers in Linden NJ
If you have been charged with drug possession in Linden, New Jersey, there may be one or more defenses available to you. Contact the experienced criminal defense lawyers at Proetta & Oliver to review your case immediately. We will examine the specific circumstances of your drug charges whether they involve heroin, marijuana, cocaine, Molly, or another type of CDS, and discuss the ways we may be able to have the charges dismissed. With offices centrally located in Union County, we appear in Linden Municipal Court and Union County Superior Court on a regular basis fighting for our clients’ rights. With a practice dedicated to criminal defense, we are fully equipped to handle any criminal charges that you may be facing. Call (908) 838-0150 or contact us online for a free consultation today.