For many people, facing charges for drug possession or another drug-related crime is their first introduction to New Jersey’s criminal justice system. Drug crime charges are extremely common, with specific charges ranging from simple possession of marijuana to distributing fentanyl and manufacturing methamphetamine and other illegal drugs. In all cases, a conviction can have life-altering consequences, making it essential to hire an experienced New Jersey drug lawyer.
When you hire an experienced New Jersey drug lawyer, your lawyer will walk you through the charges you are facing, the penalties that are on the table, and the defense strategies that you may be able to use to avoid unnecessary consequences. Every case is unique, so you will need to seek custom-tailored advice from a lawyer who can quickly get up to speed on your case. With this in mind, this article provides a general overview of the potential penalties in New Jersey drug crime cases, as well as the various types of defense strategies available.
Potential Penalties in New Jersey Drug Crime Cases
If you are facing a drug charge in New Jersey, the penalties you face depend on the specific charge filed. Some examples of potential penalties in New Jersey drug crime cases include:
- Possession of a Schedule I, II, III or IV Drug (Unless Specifically Excepted) - Up to five years in prison and up to a $35,000 fine.
- Possession of a Schedule V Drug (Unless Specifically Excepted) - Up to 18 months in prison and a $15,000 fine.
- Possession of More than Six Ounces of Marijuana - Up to 18 months in prison and a $25,000 fine.
- Manufacturing, Distributing or Dispensing Heroin, Cocaine or Methamphetamine (Five Ounces or More) - Up to 20 years in prison and a $500,000 fine.
- Manufacturing, Distributing or Dispensing Heroin, Cocaine or Methamphetamine (Less Than Five Ounces) - Up to 10 years in prison and a $150,000 fine.
Several factors can affect the penalties for a drug charge in New Jersey. For example, possession charges will generally be of a lesser degree than manufacturing and distribution charges involving the same drugs. The specific drug involved and the quantity of the drug involved will also play a role in determining the severity of the charges filed. Possessing drugs in a school zone, selling drugs to minors, and other similar types of factors can impact the severity of drug-related charges in New Jersey as well.
It is also important to note that minimum penalties apply in some cases. Many crimes involving the manufacturing, dispensing, and distribution of illegal drugs carry mandatory prison time under New Jersey law. While a bill has been introduced to eliminate these minimum penalties in many cases, it has not yet become law.
Potential Defense Strategies in New Jersey Drug Crime Cases
Given the risks involved in all types of New Jersey drug crime cases, executing an effective defense strategy is essential. Your New Jersey drug lawyer will be able to assist with determining what types of defenses you can assert based on the circumstances of your case. Some examples of potential defense strategies include:
Asserting Your Constitutional Rights
Asserting your constitutional rights can be an effective defense strategy in many cases. Criminal suspects and defendants have clear rights under the Fourth, Fifth, and Sixth Amendments (among others), and violations of these rights can provide strong defenses in criminal court. For example:
- If the police violated your Fourth Amendment rights by conducting an unlawful warrantless search, this could mean that the prosecution’s evidence is inadmissible in court.
- If the police violated your Fourth Amendment rights by conducting an unlawful seizure, this could also mean that the prosecution’s evidence is inadmissible in court.
- If the police violated your Fifth Amendment rights by interrogating you in custody without reading you your Miranda rights, this could prevent prosecutors from using your own words against you.
- If prosecutors have withheld exculpatory evidence in violation of your Fifth Amendment rights, this could entitle you to seek dismissal of your drug case.
- If prosecutors have denied you a speedy trial or otherwise violated your right to due process under the Fifth or Sixth Amendment, this could also entitle you to seek dismissal of your case in court.
Understanding your constitutional rights is not easy, and asserting them in court is even harder. An experienced New Jersey drug lawyer will be able to explain everything you need to know and assert your constitutional rights in court on your behalf if warranted.
Relying on the Prosecution’s Burden of Proof
Regardless of the facts of your case, the prosecution must be able to prove your guilt beyond a reasonable doubt. If the prosecution cannot meet this burden, you are entitled to walk free. From raising questions about ownership of the drugs in question to showing that you had a valid prescription or MMP card, there are a variety of ways to raise questions about the prosecution’s ability to meet its burden of proof.
Seeking Pre-Trial Intervention (PTI)
If this is your first drug offense, you may be eligible to enroll in a pre-trial intervention (PTI) program. Enrolling in a PTI program provides an opportunity to avoid the life-altering consequences of a drug conviction without going to court. If you don’t have other defenses available and you are eligible for PTI, this could be your best option.
Targeting a Plea Bargain that Minimizes the Consequences of Your Drug Arrest
Finally, if you aren’t eligible for PTI and it appears that prosecutors have the necessary evidence to secure a conviction, it may be worth considering a plea bargain. A plea bargain will reduce—but not eliminate—the consequences of your drug arrest, so this is an option that you will need to carefully consider with the help of your New Jersey drug lawyer.
Talk to an Experienced New Jersey Drug Lawyer About Your Criminal Case in Confidence
Are you facing a drug charge in New Jersey? If so, we encourage you to contact Helmer, Conley & Kasselman, P.A. to discuss your case with an experienced New Jersey drug lawyer in confidence as soon as possible. Call us at 877-435-6371 or contact us online today.
