Jersey City Drug Possession Defense Lawyer

A drug possession conviction can have significant consequences for your reputation and future. If you’ve been arrested for drug possession in Jersey City, you need the support of a tough criminal defense lawyer who will fight for a favorable outcome in your case. Contact William Proetta Criminal Law today for a free case evaluation with an experienced drug possession lawyer. 

Selecting the Right Firm to Handle Your Drug Possession Defense

Choosing the right legal representation is essential when facing drug possession charges in Jersey City.  For years, criminal defendants have chosen William Proetta Criminal Law to advocate for their rights, reputation, and freedom. Here’s why:

• Extensive experience – Our firm focuses exclusively on criminal defense cases. We have successfully handled thousands of New Jersey criminal cases, many involving drug crimes.  
• Straightforward approach – Before navigating the criminal justice system, our firm will give you a transparent assessment of your case so you can make informed decisions. 
• Attentiveness – Every client deserves compassion and respect. You get that with William Proetta Criminal Law. When you choose us, you will work directly with an experienced attorney rather than getting passed off to a junior associate or paralegal. Your attorney will take the time to prepare you for each stage of your drug possession case. 
• Local knowledge – Our firm focuses on representing residents of Jersey City and individuals throughout Union, Hudson, Ocean, and Middlesex Counties. This approach has allowed us to develop productive working relationships with judges, court staff, and prosecutors. We have the local insight to know how various cases play out and pursue effective legal solutions for your case. 

State and Federal Drug Possession Laws in Jersey City

New Jersey’s drug possession laws make it illegal for a person to knowingly or purposely obtain or possess a controlled dangerous substance (CDS) or analog unless the person acquires the substance directly from or under a valid prescription written by a licensed medical practitioner. Illegal possession of a CDS in Schedules I through IV constitutes a third-degree crime. Possession of a Schedule V CDS, more than six ounces of marijuana, or more than 17 grams of hashish constitutes a fourth-degree crime. Possession of one ounce or less of psilocybin constitutes a disorderly persons offense. 

Similarly, the federal simple drug possession statute makes it illegal for a person to knowingly or intentionally possess a controlled dangerous substance unless it was prescribed or given to them by a licensed medical practitioner.

Potential Penalties for Drug Possession in Jersey City

Under New Jersey state law, penalties for drug possession include:

• Third-degree crime – One to five years in prison and a potential fine of up to $35,000
• Fourth-degree crime – Up to 18 months in prison and a potential fine of up to $15,000, except possession of more than six ounces of marijuana or 17 grams of hashish carries a potential fine of up to $25,000
• Disorderly persons offense – Up to six months in jail and a fine of up to $1,000

Violating the federal simple possession statute carries a penalty of up to one year in prison and a potential fine of at least $1,000. However, a conviction that occurs after a prior drug possession conviction under federal or state law carries a penalty of 15 days to two years and a minimum fine of $2,500. A third or subsequent conviction carries a penalty of 90 days to three years and a minimum fine of $5,000.

Federal law increases the penalties if a substance contains cocaine base, imposing a prison sentence of five to 20 years and a minimum fine of $1,000. Penalties get increasingly harsh depending on the type of drug and the quantity possessed.  

Common Defense Strategies for Drug Possession Charges

Depending on the circumstances leading to an arrest, a defendant facing prosecution for drug possession may have various legal or factual defenses available to fight a possession charge.

Common defense strategies in drug possession cases include:

• Lack of actual or constructive possession – A defendant might fight a possession charge by proving they did not have actual or constructive possession of the seized drugs. Constructive possession occurs when a person has control over and access to the drugs, even if police do not find drugs in the defendant’s vicinity.
• Illegal search and seizure – Criminal defendants may seek to exclude seized drugs from evidence by proving that police conducted an unlawful search. Examples include officers who lacked reasonable suspicion to conduct a stop, did not have probable cause for a warrantless search, or failed to apply for a search warrant.
• Inadmissible statements – The court may exclude statements or evidence obtained from a defendant when police fail to advise a defendant of their rights before questioning or coerce admissions of guilt from a suspect. 
• Lawful possession – A defendant can fight a possession charge by proving they obtained the drugs under a valid prescription order. 
• Unreliable evidence – Defendants can also seek to exclude evidence by raising questions about its reliability, such as demonstrating a break in the chain of custody or questioning the accuracy of laboratory testing of suspected drugs. 

What to Expect in a Jersey City Drug Possession Case

If you’re facing drug possession charges in Jersey City, you can expect prosecutors to seek a conviction aggressively. However, you may have legal options to minimize potential consequences.  

Certain defendants may be able to pursue an alternative disposition of their charges in recovery court. New Jersey recovery courts allow people facing non-violent drug-related charges to seek treatment, counseling, and supervision to help them overcome drug addiction. Completion of recovery court programs may entitle a defendant to dismissal of their charges and expungement of their arrest and prosecution record. 

How Our Jersey City Defense Law Firm Can Help You 

After an arrest, the drug possession defense law firm of William Proetta Criminal Law can help you fight for your rights and freedom. We will independently investigate your case to obtain all available evidence rather than rely on evidence turned over by the prosecution. Our attorneys will carefully review the evidence to identify potential defense strategies. We will vigorously pursue the best possible resolution to your charges, even if that means taking your case to trial. 

When a prosecutor has charged you with drug possession, you need experienced legal representation to protect your freedom and future. Contact William Proetta Criminal Law today for a confidential and free consultation with a proven drug possession defense lawyer.