Cocaine possession and cocaine use in Morris County, New Jersey has seen an uptick in occurrence over the past five years. With the readily available nature of cocaine for both urban and suburban communities, cocaine use has become a point of concern for local law enforcement. For those individuals caught in possession of cocaine, you face a third degree crime at the Morris County Superior Court. Alternatively, those caught under the influence of cocaine, you face a disorderly persons offense at the municipal court level. As a Schedule II drug under the Controlled Substances Act, cocaine use and possession is governed by N.J.S.A. 2C:35-5. If convicted of third degree cocaine possession, you or your loved one will be facing up to five (5) years in prison and a $35,000.00 fine. However, with diversionary programs available at the superior and municipal court level, the Law Offices of Jonathan F. Marshall may be able to help keep you or your family member out of prison. Our office has been defending individuals charged with possessing heroin with the intent to distribute, cocaine distribution, marijuana possession, distribution of prescription drugs and possession of marijuana with the intent to distribute in towns like Morristown, Montville, Pequannock, Roxbury, Parsippany, Dover, Denville, Madison and Randolph for over a decade. If you would like to set up a consultation with any one of the eight Morris County, New Jersey cocaine possession defense attorneys on staff at the Law Office of Jonathan F. Marshall, please contact our Morristown office at 973-309-7050. Our attorneys are available 24/7 to answer any questions that you might have and as always, our initial consultations are always free.
East Hanover NJ Cocaine Possession Lawyer: N.J.S.A. 2C:35-10
The relevant statute regarding cocaine possession states that following: “it is unlawful for any person, knowingly or purposefully, to obtain, or to possess, actually or constructively, a controlled substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized.” When stripped of its legalese, the statute essentially makes it illegal for a defendant to:
Knowingly or purposely, obtained or possessed, either actually or constructively; a controlled dangerous substance or controlled substance analog.
While possessing a large amount of drugs may permit the court to make inferences regarding intent to distribute, a far more severe crime, the amount of drugs involved in a possession case will not affect the possible penalties. Accordingly, so long as the amount of cocaine found is sufficient to allow the substance to be identified by laboratory analysis, charges will likely be filed.
Cocaine Possession Defense Attorneys in Parsippany, NJ
Just like cocaine possession, N.J.S.A. 2C:35-10 also prohibits the use and consumption of cocaine or its analog. Specifically, it is illegal to use cocaine for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician. Proof of use may come from an admission, Drug Recognition Expert testimony or physical evidence obtained from a blood draw.
Is Cocaine Possession of Felony in Morris County, NJ?
Possessing cocaine, or its analog, is a crime of the third degree. However, mere use or consumption of cocaine is a disorderly persons offense, which does not classify as a felony (known in New Jersey as an indictable offense).
What are the Penalties for Cocaine Possession NJ?
If charged and convicted of cocaine possession, you or your loved will face up to five years in a New Jersey prison and $35,000.00 in fines. At the Morris County Superior Court level there are alternatives to prison such as Drug Court and Pretrial Intervention (“PTI”). However, these options may not be available in your case and you should consult with an attorney to determine what your best option.
If charged and convicted of cocaine use, the court may impose up to six months in the Morris County Jail. Similar to the Superior Court’s diversionary program, the municipal court offers a drug-related diversionary program known as a conditional discharge. Again you should consult with an attorney before your proceed with your case, be it at the superior or municipal court level.
Morris County NJ Cocaine Possession Attorney
For assistance with your cocaine-related offenses, contact the Law Offices of Jonathan F. Marshall. Our attorneys are adept at handling drug-related crimes, including but not limited too the unlawful possession of heroin, cocaine distribution, possession of marijuana with the intent to distribute, and possession of prescription drugs. In addition, our office has the necessary trial experience to handle your case. Call and receive your complimentary consultation with an attorney today.