Union County Drug Crime Attorney

When police stop you on the street, pull you over while driving, search your home, or investigate your business, a single drug charge can put your whole future at risk. You may already know that New Jersey’s drug laws are strict, but you might not know how much depends on the details: the type of drug, the quantity, and where the arrest happened.

Fortunately, having an experienced criminal defense lawyer on your side could make all the difference in the outcome of your Union County drug crime charges. William Proetta Criminal Law has represented many individuals charged with possession, distribution, and related drug offenses in Union County. If you are facing drug crime charges, discuss your case with our Union County drug crimes attorneys today to learn more about your options.

Why You Need Our Union County Drug Crime Defense Lawyers

William Proetta Criminal Law focuses on criminal defense. We have tackled virtually every type of drug case under New Jersey law, and we are ready to leverage that experience in your defense.

Our attorneys appear regularly in courts throughout Union County, from Elizabeth to Linden to Cranford. In fact, our Cranford office is minutes from the Union County Superior Court and easily accessible to clients throughout the area.

We have defended clients in both municipal court drug cases and complex indictable offenses. Our lawyers have achieved dismissals, acquittals, reduced charges, and diversionary program admissions for people who thought their situations were hopeless.

One former client described her experience this way:

“I had an unfortunate incident. I needed a lawyer. How fortunate I was to have Will Proetta on my team. He was kind, super attentive, smart … made this experience go smoothly, not to mention won the case! I highly recommend!” – Bette Sussman

That kind of outcome reflects our approach:

Focused local experience – Our attorneys know the Union County court system inside and out. We use our local experience to anticipate how prosecutors and judges will respond to each case.
Hands-on representation – We handle your case personally, from the first call to the final court date. You will not get passed off to a paralegal or junior attorney.
Strategic defense planning – We look for ways to challenge the evidence early and preserve every legal advantage. You will always know how we are approaching your case and which options we think would be best for your unique case.

Do not wait to contact us. The sooner you get help from our defense team, the more options you could have for tackling the drug charges you are facing.

Defending Drug Offenses in Union County

A controlled dangerous substance, also known as CDS, is a potentially addictive substance that has been deemed abuse-prone by the government. Controlled dangerous substances are regulated by the New Jersey Controlled Dangerous Substances Act, which was passed in 1970 and which has been amended several times since then.

According to the law, any form of CDS with the potential for abuse must be regulated with respect to its labeling, handling, prescribing, and use. This applies to both illegal and legal drugs, including well-known substances such as prescription drugs, marijuana, cocaine, and heroin.

Depending on its accepted medical uses and potential for abuse, a drug is classified under a particular “Schedule.” The breakdown of Schedules used to classify controlled dangerous substances can be found on our New Jersey Drug Schedules page.

Some of the most prevalent drug crimes in New Jersey include the following:

Marijuana – Although marijuana was officially legalized for recreational use in New Jersey in February 2021, it is important to understand that there are still restrictions on pot, and individuals who violate the state’s marijuana laws can still be arrested and charged with a criminal offense that carries jail time. Specifically, possessing more than 6 ounces of marijuana or 17 grams of hashish is still illegal in New Jersey. Moreover, anyone who unlawfully distributes, dispenses, or manufactures marijuana in an amount that exceeds 1 ounce can be charged with a disorderly persons offense or felony under N.J.S.A. 2C:35-5, depending on the measured weight of the substance. The penalties for a marijuana distribution charge are determined by the weight of the drug: 25 pounds or more is punishable by up to 20 years in state prison.
Cocaine charges – Possession of even trace amounts of cocaine is punishable by up to 5 years in prison under N.J.S.A. 2C:35-10. Depending on the weight of the drug found in a person’s possession, they may be charged with possession with intent to distribute and face more severe penalties. Knowingly distributing cocaine is a felony-level offense and is punishable by up to 20 years in prison if the offense involved more than 5 ounces of cocaine.
Heroin – As stipulated by N.J.S.A. 2C:35-10, possession of heroin is an indictable offense and carries a possible penalty of 3-5 years in prison. Distributing heroin is classified as a felony-level offense under N.J.S.A. 2C:35-5, with the penalties determined by the weight of heroin. A conviction for distributing more than 5 ounces of heroin is punishable by 10-20 years in prison.
Synthetic marijuana cannabinoids
Methamphetamine possession and distribution – Otherwise known as crystal meth, crank, and other names, this Schedule II substance carries severe penalties, whether it be possession, distribution, manufacturing, or related methamphetamine crimes.
Prescription drug offenses – The possession of a prescription drug without a valid prescription is a crime under N.J.S.A. 2C:35-10.5. The criminal statute applies to painkillers, ADHD medications, and even medicines that treat anxiety and depression. Depending on the type of prescription drug and the nature of the charges, an offender can be charged with a serious indictable offense that carries possible prison time. With the surge in painkillers and the ongoing opioid epidemic, OxyContin possession and distribution rank among the most common charges for prescription drugs.
Drug paraphernalia – It is against NJ law to possess items such as pipes, vials, syringes, baggies, and cutting agents for the purpose of illegally using or selling drugs. As set forth by N.J.S.A. 2C:36-2, drug paraphernalia possession is a disorderly persons offense and is punishable by up to 6 months in jail.
Intent to distribute in a school zone – The penalties for distribution of CDS are enhanced when the offense occurred in a protected area like a school zone or public park. “School zone” is defined broadly to include school grounds, school buses, and areas near the actual school building. A conviction for distributing drugs in a school zone is accompanied by a mandatory term of incarceration. Similar charges apply to distribution within 500 feet of a public park or housing.
Maintaining a CDS production facility
Failure to make a lawful disposition
CDS in a motor vehicle
Strict liability for drug-induced death

Our experienced New Jersey federal criminal defense attorneys are also thoroughly equipped to defend you in U.S. District Court against federal drug trafficking charges. If police have contacted you about potential involvement in a drug manufacturing or distribution operation, we can assist with every phase of your case, from questioning by federal agents to negotiations with the U.S. Attorney’s Office and ultimately to formulating and executing the best trial strategy.

Potential Penalties for Individuals Convicted on Drug Charges in Union County

New Jersey’s Controlled Dangerous Substances (CDS) laws appear in Title 2C of the state criminal code. Penalties vary depending on the drug’s classification and quantity. Some of the most common crimes and punishments include:

Possession – Possessing heroin, cocaine, methamphetamine, fentanyl, or other Schedule I–IV drugs can be charged as a third-degree indictable offense. These crimes carry up to 5 years in state prison, and you may pay fines up to $35,000 under the specific law. Smaller quantities of prescription medications or controlled substances may result in fourth-degree or disorderly persons offenses.
Distribution and trafficking – Distribution or possession with intent to distribute heroin, cocaine, or methamphetamine over half an ounce is a felony. Larger quantities or distribution near schools can elevate the degree of the crime. Penalties include years in prison and fines up to $500,000.
Possession of drug paraphernalia – Possessing items like pipes, syringes, or baggies is a disorderly persons offense punishable by up to 6 months in jail and a $1,000 fine.

Convictions can also lead to collateral consequences like license suspensions. Plus, a criminal record can affect your ability to secure jobs, housing, and travel opportunities. Our criminal defense team can fight to protect you from these outcomes.

Defense Strategies We Use Against Drug Charges

Every successful defense begins with a detailed investigation and review. For example, the police must follow constitutional limits on search and seizure. When they do not, that can violate your rights, and in turn, those violations can be grounds for suppressing key evidence.

Our attorneys carefully examine factors such as:

Whether the police had probable cause for the stop or search
If the warrant was valid or the search was truly based on consent
How drugs were tested, handled, and stored as evidence

We also challenge unreliable field test results and questionable witness statements. In many cases, these challenges lead to reduced charges or dismissal. When appropriate, we help clients pursue diversionary programs, including:

Pre-trial intervention (PTI) – PTI is available for many first-time offenders facing indictable drug charges.
Conditional discharge – The municipal court program offers case dismissal after successful completion.

For drug distribution or trafficking cases, prosecutors must prove your intent, not just possession. Our defenses often involve attacking surveillance evidence, disputing ownership, or questioning whether the amount seized actually indicates an intent to distribute.

Most importantly, no two cases are alike. We tailor our defense to your unique circumstances and the state’s evidence, so every client gets a thorough, custom defense.

Drug Crime Court in Union County

Union County drug charges are prosecuted in either the Union County Superior Court in Elizabeth or the local municipal courts located across the county. The level of court depends on the degree of the charge.

Union County Superior Court (Criminal Division) – Superior Court handles first- through fourth-degree indictable offenses, as long as they are not investigated by specialized units. The courthouse is located at 2 Broad Street, Elizabeth, New Jersey.
Municipal courts – Municipal courts hear disorderly persons offenses, such as possession of drug paraphernalia or small quantities of certain substances. They are generally found in each township or city, including Cranford, Linden, Rahway, and Plainfield.

Our attorneys frequently appear in both court systems and understand how each prosecutor’s office approaches plea deals, diversion, and sentencing. Our familiarity helps us successfully negotiate plea deals and argue motions.

How Our Union County Drug Crime Defense Lawyers Can Help You

When you work with William Proetta Criminal Law, you get a team that takes control and builds a custom defense for your unique case. We contact prosecutors immediately to begin negotiating and, when possible, prevent formal charges from being filed. From there, we can file suppression motions and challenge the prosecution’s case at every step. We prepare every case as if it could go to trial, which often leads to better plea offers or dismissals.

Contact William Proetta Criminal Law today for a free and confidential consultation with a Union County drug crimes attorney who will put your future first.