With a population of just over 40,000 people, Linden, New Jersey has its fair share of drug problems, like any city of its size. The potential penalties for drug possession in Linden vary depending on what type of drug you are charged with possessing and how much was in your possession at the time of your arrest. Regardless of whether you are facing drug charges for marijuana, heroin, cocaine, Xanax, MDMA, or another type of controlled dangerous substance (CDS), this situation can be nerve-wracking because your freedom and criminal record are on the line. If you have been charged with a municipal drug offense for possession of CDS or an indictable drug possession crime in the city of Linden, it is important to retain an experienced criminal defense lawyer who can advocate on your behalf and work toward achieving the best possible outcome. The criminal attorneys at Proetta & Oliver have been successfully defending clients charged with drug possession and other criminal offenses in Linden and throughout New Jersey for years. Our knowledge of criminal law and commitment to fighting for our clients means we’re poised to take on your case and pursue the best result. If you would like to speak with an experienced drug defense lawyer about your case, contact us today at (908) 838-0150 or send us a message online to arrange a free consultation at our local office.
Possession of CDS Charge in Linden NJ
Charges for drug possession are variable under New Jersey law, meaning the degree of a charge for possession of CDS may be an indictable crime or a disorderly persons offense depending on the specific substance and the amount in question. When dealing with a drug offense, the specific drug charge is critical to understanding where your case will be adjudicated and the possible punishments you’re facing.
Charged with Marijuana Possession in Linden
In Linden and across New Jersey, it remains illegal to possess any amount of marijuana. Although cases of possession of 50 grams or less of marijuana may be dismissed at the discretion of the municipal prosecutor, you can still be charged with and convicted of a disorderly persons offense for possession 50 grams or less. If you are found guilty, you may face up to 6 months in prison, $1,000 in fines, and a 6-month suspension of your driver’s license. Possessing more than 50 grams of marijuana is a fourth degree indictable offense, carrying potential penalties of 18 months in jail and up to $10,000 in fines.
Illegal Possession of Prescription Drugs in Linden, NJ
In order to lawfully possess a prescription drug like Xanax, Adderall, oxycodone, and other controlled substances that require a prescription, you must have a valid prescription in your name that was issued by an authorized medical professional. If you possess prescription pills without a valid prescription, you may be charged with a serious drug crime. The degree of offense for unauthorized possession of a prescription drug depends on the amount of pills in your possession. If you possess 4 pills or less, you may be charged with a disorderly persons offense, carrying a potential sentence of 6 months in prison. If the police have probable cause to believe that you are in possession of 4 pills or less with intent to distribute those drugs, you may be charged with a fourth degree offense and face 18 months in prison and fines up to $10,000.
It is a third degree offense to possess between 5 to 99 pills of a prescription drug without a valid prescription with the intent to distribute. If convicted, you face up to 3 to 5 years of imprisonment and up to $200,000 in fines. Possessing 100 pills or more of a prescription drug without a valid prescription with intent to distribute is a second degree crime and, if convicted, you could be sentenced to 5 to 10 years of imprisonment and ordered to pay a fine of up to $300,000.
Notably, you may also be charged with a disorderly persons offense if you are found to be under the influence of a prescription drug without a valid prescription, carrying a potential sentence of up to 6 months in prison and up to $1,000 in fines.
Linden Heroin Possession Charges
Prosecutors in Union County, the county in which Linden is located, prosecute heroin cases to the full extent of the law. With little room for leniency on heroin charges, it is crucial to have an experienced criminal defense lawyer on your side to identify any evidence that may be inadmissible and all other potential defenses available to you. The penalties for possessing heroin are significant, even for the smallest amount. Possession of any amount of heroin for personal use is a third degree drug offense, carrying potential penalties of 3 to 5 years of imprisonment and up to $35,000 in fines.
The grading for a heroin charge also applies to cocaine and the majority of other substances in Schedules I, II, III, and V of the New Jersey Schedule of Drugs.
What happens if I’m arrested for drug possession in Linden, New Jersey?
First, you will appear before a judge for your “first appearance” to hear the charges against you. If you have been charged with a disorderly persons offense, such as possession of 50 grams or less of marijuana, drug paraphernalia, or 4 pills or less of a prescription drug without a valid prescription, your case will be heard in Linden Municipal Court at 301 Wood Avenue in Linden, New Jersey. Any indictable drug offense (first, second, third, or fourth degree crime) case in Linden is heard by a superior court judge at Union County Superior Court, which is located at 2 Broad Street in Elizabeth, New Jersey.
Linden NJ Drug Possession Defense Attorneys
If you have been arrested for drug possession or another drug offense in Linden, you should contact a criminal defense lawyer immediately. For any drug charge, you have a right to be represented by counsel. The first step is to examine all of the evidence in your case to pinpoint the best defense route to pursue. There are also other options available to certain eligible defendants charged with drugs in New Jersey. For instance, if you are a first time offender, you may be eligible for certain diversionary programs like conditional discharge or pre-trial intervention (PTI). Even if you’ve been convicted of a crime before, you may be eligible for Drug Court, whereby your charges will be dismissed upon completion. Want more information? Call the experienced Union County criminal defense lawyers at our firm today at (908) 838-0150 for a free consultation.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted