Hoboken Drug Possession Attorney
Hoboken, New Jersey, the hometown of Frank Sinatra, is an iconic city overlooking the Hudson River with a direct view of the New York City skyline. With multiple universities, popular bars, and a growing population, Hoboken, like any other city, has its share of drug crime. Arrests and charges for possession of a controlled dangerous substance (CDS) are among the most prevalent in Hoboken. Sometimes, drug possession is enhanced to intent to distribute based on the circumstances of the case. Depending on the type of drug, the volume of drugs, and whether there is evidence of intent to distribute the drugs, you may be facing a wide range of potential consequences. Even possession of the smallest amount of marijuana is currently a disorderly persons offense in New Jersey punishable by jail time, significant fines, and a criminal record. If you have been charged with drug possession in Hoboken, it is important to discuss the details of your case with an experienced criminal defense attorney who can explain your exposure and your options for successfully resolving your case. At Proetta & Oliver, our attorneys are fully equipped to help you address all manner of drug charges and we will diligently work toward getting your charges dismissed. Contact our local office at (201) 793-8018 for a free consultation.
Charged with CDS Possession in Hoboken, New Jersey
When charged with a violation of New Jersey’s drug possession statute, N.J.S.A. 2C:35-10, the degree of the charges are determined by a number of factors. First, what type of drug did you have in your possession? How much of the controlled substance did you possess? Do police believe you had intent to distribute the drugs? All of these are critical factors that influence the severity of the drug possession offense, the court in which your case is handled, and the penalties you face if convicted.
Arrested for Marijuana in Hoboken
While there have been rumors of plans to decriminalize possession of marijuana in New Jersey, no such change has been made in the law. If you are in possession of 50 grams or less of marijuana, no matter how small the amount, you can be charged with a disorderly persons offense under current NJ law. The potential penalties for this offense include up to six months of imprisonment and fines of up to $1,000. If you have more than 50 grams of marijuana in your possession, you may be charged with a fourth degree indictable offense, which carries a potential sentence of up to 18 months of imprisonment and fines of up to $10,000.
If the police have probable cause to believe that the marijuana in your possession was not merely for personal use, but that you intended to dispense or sell the marijuana, you may be charged with a more serious crime. A charge for possession with intent to distribute less than one ounce of marijuana is classified as a fourth degree offense and, if convicted, you may face up to 18 months of imprisonment and fines of up to $10,000. If you are charged with possession with intent to distribute between one ounce to five pounds of marijuana, a third degree offense, potential penalties include up to 5 years of imprisonment and fines up to $25,000. Possessing between 5 pounds and 25 pounds of marijuana with the intent to distribute is a second degree offense, punishable by 10 years in prison and fines of up to $150,000. If you are charged with possessing more than 25 pounds of marijuana, you may be convicted of a first degree drug offense, which carries potential penalties of 20 years in prison and up to $300,000 in fines.
Heroin Charges in Hoboken, NJ
With an epidemic of heroin overdoses around the state in recent years, prosecutors in Hoboken take heroin possession and distribution charges very seriously. Accordingly, it is a third degree offense to possess any amount of heroin. If convicted, you may be sentenced to 3 to 5 years in prison and fines of up to $35,000. If you are charged with possession with intent to distribute, the degree of the offense depends on the amount of heroin. Possession with intent to distribute less than one half ounce of heroin is a third degree crime, carrying potential penalties of up to 5 years in prison and up to $75,000 in fines. If you are charged with intent to distribute one half ounce or more but less than 5 ounces, you are facing a potential conviction for a second degree drug offense and penalties of up to 10 years of imprisonment and fines of $150,000. If you are convicted of possession with intent to distribute more than 5 ounces of heroin, you face 10 to 20 years in prison, including a mandatory minimum prison sentence, and up to $500,000 in fines.
Hoboken Prescription Drug Possession
Prescription drug abuse is a significant issue across New Jersey and the nation. You must have a prescription in your name for the amount of pills in your possession to lawfully possess a prescription drug. If you obtain a prescription drug like oxycodone, Xanax, Ritalin, Valium, or Adderall, or any other drug that is not available over the counter and requires a prescription without a valid prescription, you may be charged with a serious drug offense.
It is also against the law to be under the influence of a prescription drug without a valid prescription. If you are found to be under the influence of a prescription drug without a prescription, you may be charged with a disorderly persons offense. If convicted, you face up to 6 months in jail and a fine of up to $1,000.
If you are charged with possession of 4 pills or less of a prescription drug without a valid prescription, a fourth degree offense, you may be sentenced to 18 months in prison and be ordered to pay a fine of up to $10,000. Possessing between 5 to 99 pills without a valid prescription is a third degree offense, carrying potential jail time of 3 to 5 years and fines of up to $200,000. If you are charged with possession of 100 pills or more without a valid prescription, you could face up to 5 to 10 years in prison and a fine of up to $300,000.
Where will my drug possession case be heard?
If you are charged with possession of 50 grams or less of marijuana, possession of drug paraphernalia or another drug related disorderly persons offense, your case will be heard in Hoboken Municipal Court, located at 94 Washington Street in Hoboken, NJ 07030. Fourth degree, third degree, second degree, and first degree drug crimes are all indictable offenses, which means you have a right to be indicted by a grand jury and a right to a jury trial. Cases involving indictable drug charges are heard at Hudson County Superior Court, located at 595 Newark Avenue in Jersey City, NJ 07306.
Hoboken NJ CDS Possession Defense Lawyer
Although frequent, charges for drug possession in Hoboken are very serious and may spell long-term implications for your life. The criminal defense attorneys at Proetta & Oliver have dedicated their careers to defending clients charged with possession of CDS, intent to distribute drugs, and other crimes in New Jersey. We have assisted countless clients in your predicament and will thoroughly examine every element of your case to identify the best defense strategy. Whether we pursue a dismissal by calling into question the motor vehicle stop or an error in police protocol, help you gain enrollment in Conditional Discharge or Pre-trial Intervention, or negotiate to minimize potential penalties, our lawyers will do everything we can to have your charges significantly reduced or dismissed. For additional information and a free consultation with an experienced Hoboken criminal defense lawyer, contact us today at (201) 793-8018.