AVAILABLE 24/7 | FREE CONSULTATION
AVAILABLE 24/7 | FREE CONSULTATION
AVAILABLE 24/7 | FREE CONSULTATION
New Jersey has some of the toughest penalties for drug crimes. If you are charged with cocaine possession, the stakes are high. You could face jail time, a permanent record, mandatory treatment, fines, and real damage to your day-to-day life. You deserve a steady NJ criminal defense attorney who knows how to protect your rights and push back at every turn. Experienced New Jersey cocaine possession lawyer Adam M. Lustberg knows the lawful steps officers must follow for stops, detentions, searches, and gathering evidence. He uses that to challenge the case against you and fight for your future.
Police may have violated your constitutional rights during your arrest. If cocaine was found through an illegal search, that evidence can be thrown out of court – and without evidence, prosecutors often dismiss the entire case.
Critical factors that can get your case dismissed:
Don’t let police mistakes become your permanent record. Adam M. Lustberg knows exactly where law enforcement cuts corners.
You’re not alone in this crisis. One phone call starts your defense and can change everything. Call Lustberg Law Offices, LLC at (201) 880-5311 now for immediate consultation – available 24/7 because arrests don’t wait for business hours.
If you’ve just been arrested for cocaine, the next 48 hours will shape what happens in your case. Right after your arrest, the police will book you, take your fingerprints, and file charges. If you’re kept in jail, you’ll face a judge within 48 hours for your first appearance. That’s when bail gets set, and having a lawyer with you can mean the difference between going home and staying locked up. Call us before you step into that courtroom. We can often push for bail to be lowered or even dropped entirely.
What happens after that depends on how strong your case is. In the best situations, we can get charges dismissed because the evidence was suppressed or the prosecutor decides to back off. A good outcome might be getting into a Pretrial Intervention program, where charges disappear after a year or two of supervision. Sometimes, the most realistic option is a plea to reduced charges or placement in Drug Court. And yes, the worst scenario is trial, but here’s the thing: we routinely litigate suppression motions, and successful suppression can change the entire case.
The timeline actually works in your favor if you act fast. Pre-indictment conferences often lead to dismissals or favorable plea deals. If you’re detained pretrial, New Jersey’s Criminal Justice Reform Act generally requires the State to indict within 90 days of your detention. That clock, and the separate 180-day post-indictment trial clock, still give us valuable time to build your defense. Once discovery starts, we get access to police reports, lab tests, and the details of your arrest, everything we need to challenge their case. Suppression motions can knock out key evidence, sometimes forcing prosecutors to drop everything.
Every step in this process is a chance to protect your freedom and keep your record clean. The sooner you bring us in, the stronger your options become. Don’t wait until it’s too late, call (201) 880-5311 now.
What you’re facing if convicted:
The reality: These consequences are avoidable with proper defense.
Cocaine possession is a third-degree indictable offense under New Jersey law, regardless of the amount found. Unlike distribution charges that depend on weight, simple possession carries the same penalties whether police found a small bag or a larger quantity.
Your criminal record will follow you everywhere – job applications, housing approvals, professional licensing, and background checks. Employers in New Jersey routinely reject applicants with drug convictions.
Repeat offenses can narrow diversion options and increase exposure to prison terms, and certain statutes do impose mandatory minimums. This is why getting your first case dismissed is essential.
First-time offenders have excellent options for complete case dismissal through PTI, Drug Court, or evidence suppression. Call (201) 880-5311 to discuss which option fits your situation.
Don’t let anyone tell you cocaine possession means automatic conviction. New Jersey offers excellent alternatives to prison for first-time offenders, and we can get eligible clients admitted to these programs.
New Jersey’s laws governing cocaine possession are harsh. However, if it’s a first offense, depending upon the amount and circumstances around your cocaine possession, you may be eligible to participate in pretrial intervention (PTI) or a Drug Court diversionary program rather than going to jail. First-time offenders who complete the requirements of a diversionary program may be able to have their charges dismissed and their records expunged.
If the cocaine possession charges constitute your first criminal charges, a knowledgeable cocaine possession lawyer can negotiate consequences other than incarceration, such as drug treatment and probation, which, upon completion, will result in dismissal of your charges.
To qualify for a diversionary drug court program, the following factors must be present:
If you are not eligible for a diversionary program and are convicted of cocaine possession, a criminal record could follow you for the rest of your life. Additionally, with repeated cocaine possession convictions, you are likely to serve significant jail time.
The stakes are too high to guess about eligibility. One mistake can lock you out of these programs forever. Call (201) 880-5311 for immediate qualification review.
These are the proven paths to avoid conviction entirely. We can determine which fits your situation best.
These programs matter because, without diversion, a cocaine-related conviction follows you forever. Job applications, professional licenses, housing applications, and security clearances can all be affected permanently.
Time is critical for program admission. Prosecutors are more willing to recommend diversion early in the case. Waiting reduces your chances significantly.
Call (201) 880-5311 to discuss which program fits your situation and how we can secure admission.
| Program | Key Requirements / Structure | Outcome |
|---|---|---|
| Pretrial Intervention (PTI) | 1–3 years of supervision: drug testing, counseling, community service | Charges dismissed upon completion; no conviction, no record |
| Drug Court (Special Probation) | Intensive treatment; frequent court check-ins; regular testing | Eligible for expungement under N.J.S.A. 2C:35-14(m) after graduation (not automatic dismissal) |
| Veterans Diversion | For active/reserve/veteran military personnel with mental health or trauma-related substance use | Expungement possible after successful completion |
| Conditional Discharge | Only if third-degree indictable offense is downgraded to municipal court; rare and case-specific | Possible dismissal after completion; limited availability |
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
Some of our clients’ cases involve illegal police conduct. When we prove constitutional violations, evidence gets thrown out, and prosecutors often dismiss the entire case.
Most cocaine possession cases start with police searches, and most searches violate your Fourth Amendment rights.
Common police mistakes we catch:
When we file a motion proving police violated your constitutional rights, the judge excludes that evidence from trial. Without evidence, prosecutors usually dismiss the case rather than proceed.
Adam M. Lustberg has challenged police conduct in hundreds of drug cases. His background includes training with the Essex County Public Defender’s Office, where constitutional violations were challenged daily.
Don’t let police mistakes become your permanent record. If officers cut corners during your arrest, we can find it and use it to get your case dismissed. Call (201) 880-5311 for immediate case review.
Adam M. Lustberg is a New Jersey criminal defense attorney whose practice is devoted to defending people accused of crimes, especially drug offenses such as cocaine possession. His commitment to defense work began at Seton Hall University School of Law, where he served with the Essex County Public Defender’s Office and the Juvenile Justice Clinic. Since then, he has represented clients across the criminal justice process, from first appearance through jury trial, and has argued for defendants at detention hearings under New Jersey’s criminal justice reform.
Admitted in both New Jersey and New York, Mr. Lustberg has handled cases ranging from municipal drug possession to serious Superior Court indictable offenses. His reputation is built on meticulous preparation and strong advocacy, complemented by recognition that includes a 10/10 Avvo rating, six consecutive selections to Super Lawyers “Rising Stars,” (201) Magazine’s “Bergen’s Best Lawyers,” and The National Trial Lawyers “Top 100” (2014). He is active in the ABA, NJSBA, Bergen and Hudson County Bar Associations, and the Association of Criminal Defense Lawyers of New Jersey.
Learn More About Cocaine Possession and Distribution Charges
The difference between possession and distribution can mean the difference between probation and decades in prison.
New Jersey takes an exceptionally harsh stance on cocaine distribution, with some of the most severe penalties in the nation. Under N.J.S.A. 2C:35-5, even sharing cocaine with a friend at a party can result in distribution charges carrying up to 20 years in prison.
The critical distinction: Simple possession involves having cocaine for personal use, while distribution involves any transfer, sale, or intent to distribute to others. Prosecutors don’t need to prove you sold anything; sharing with friends, having multiple bags, or possessing scales can trigger distribution charges.
Prosecutors look for these factors to upgrade charges:
Important: The weight alone doesn’t automatically create distribution charges. Prosecutors must prove intent, which creates opportunities for defense challenges.
With over a decade exclusively in criminal defense, Adam M. Lustberg has successfully defended hundreds of cocaine distribution cases throughout Bergen, Essex, Hudson, and Passaic Counties. His experience includes:
Local court knowledge matters. Each county’s prosecutors handle drug cases differently. What works in Bergen County may not work in Hudson County. Attorney Lustberg’s extensive experience across all four counties provides strategic advantages in plea negotiations and trial preparation.
Contact (201) 880-5311 to discuss how distribution charges can be challenged, reduced, or potentially dismissed based on the specific circumstances of your case.
Under New Jersey law N.J.S.A. 2C:35-5, the severity of a charge for distribution or possession with intent to distribute depends on the weight of the substance.
To prove “intent to distribute,” prosecutors rely on factors such as the drug quantity, how it was packaged, the presence of scales or ledgers, and related communications. The weight by itself is not enough to automatically create a separate distribution charge.
Penalties for possession of between half an ounce and five ounces of cocaine with intent to sell, distribute, or deliver are a second-degree crime:
Penalties for possession of more than five ounces of cocaine with intent to sell, distribute, or deliver are a first-degree crime:
The above penalties are for first-time offenders convicted of possession of cocaine with intent to distribute. If you have prior criminal convictions, these penalties are likely to be more severe.
Penalties can increase if distribution occurs in certain protected areas. Distribution within 1,000 feet of school property carries a mandatory period of parole ineligibility (at least 3 years, or one-third to one-half of the sentence, whichever is greater) under N.J.S.A. 2C:35-7.
Separately, distribution within 500 feet of a public housing facility, public park, or public building is a second-degree offense under N.J.S.A. 2C:35-7.1. The 25-year parole-ineligibility term applies to the distinct offense of being a leader of a narcotics trafficking network (N.J.S.A. 2C:35-3), not merely to school-zone or park-zone cases. Cocaine possession and distribution defense lawyer Adam M. Lustberg has a deep understanding of the drug laws in New Jersey and can help you protect your freedom.
New Jersey’s enhancement statutes can transform a manageable case into a life-altering sentence. Being aware of these penalties helps explain why aggressive defense is essential.
Distribution to Vulnerable Populations (N.J.S.A. 2C:35-8) When prosecutors can prove distribution to minors or pregnant women, penalties can double:
School Zone Violations (N.J.S.A. 2C:35-7) Distribution within 1,000 feet of any school property triggers mandatory minimum parole ineligibility periods. This means serving at least one-third to one-half of your sentence before becoming eligible for parole, no exceptions.
Public Area Enhancements (N.J.S.A. 2C:35-7.1) Distribution within 500 feet of public housing, parks, or public buildings automatically upgrades charges to the second-degree level, regardless of the amount involved.
Geographic boundaries are often disputed:
In many cases, defendants weren’t aware they were in enhanced penalty zones.
Time-sensitive factors in cocaine cases:
County-specific considerations: Each prosecutor’s office handles drug cases differently. What works in one county may be counterproductive in another. Familiarity with the local prosecution patterns and judicial tendencies can significantly impact case outcomes.
Delay can limit defense options. Early intervention allows for thorough investigation, evidence challenges, and strategic positioning before prosecutors solidify their approach to your case.
Contact (201) 880-5311 to discuss your specific charges and the enhancement risks you may be facing. Every case requires individual analysis to identify a suitable defense strategy.
Knowing the complete consequences helps explain why aggressive defense representation is crucial, even when the evidence seems strong.
These consequences explain why distribution cases require immediate, aggressive legal representation. Every day without experienced counsel potentially closes off defense options that could preserve your freedom, career, and future opportunities.
The stakes justify comprehensive case investigation, constitutional challenges, expert testimony, and thorough preparation, regardless of initial evidence strength.
Contact (201) 880-5311 to discuss protecting your future from the devastating consequences of a distribution conviction.
Even distribution charges may qualify for diversion programs that result in complete case dismissal. Knowing these options and qualification requirements is essential for first-time offenders.
Complete charge dismissal through supervised rehabilitation.
PTI offers an alternative to prosecution for eligible defendants. Participants remain under court supervision for one to three years while completing program requirements. Successful completion results in all charges being dismissed with no criminal conviction.
Typical PTI requirements include:
Advantages: No criminal record, no jail time, preservation of professional licenses and career opportunities. Background checks will show no conviction.
Treatment-focused intensive supervision.
Drug Court operates as a specialized probation system emphasizing recovery and rehabilitation over punishment. The program requires significant commitment but offers comprehensive support services.
Drug Court components:
Timeline: Programs typically last 12-24 months with graduated phases of supervision intensity.
PTI and Drug Court eligibility for distribution charges is limited but possible:
Important limitation: Distribution charges face stricter eligibility screening than simple possession cases. However, experienced counsel can often present compelling arguments for program admission.
Program admission requires careful preparation:
Legal counsel is essential for navigating program applications, preparing supporting documentation, and advocating for admission with prosecutors and program administrators.
Contact (201) 880-5311 to discuss diversion program eligibility and application strategies for your specific charges and circumstances.
Distribution cases rely heavily on circumstantial evidence to prove “intent.” Each piece of evidence can be challenged through multiple defense strategies.
Prosecutors typically present these items to establish distribution intent:
Actual vs. Constructive Possession creates different defense opportunities:
Different counties emphasize different aspects of distribution cases. Some focus heavily on quantity, others on circumstantial evidence patterns. Familiarity with local prosecutor priorities and judicial tendencies allows for tailored defense strategies that address specific county approaches.
Yes, through several proven legal strategies that address the most common weaknesses in distribution prosecutions.
When you’re facing criminal charges, it’s important to know that your defense starts with a thorough investigation. Our team can look closely at how the arrest happened and whether the police followed the rules. We can review any search warrants and how they were carried out, dig into how evidence was collected and tested, and take a hard look at the credibility and possible biases of witnesses. On top of that, every step is measured against your constitutional rights and procedural safeguards.
Acting quickly matters because early legal representation means evidence can be preserved, witnesses can be interviewed while memories are fresh, and your defense can be positioned strategically before prosecutors lock in their approach.
Adam M. Lustberg’s systematic approach to distribution defense combines constitutional experience, evidence analysis, and strategic case development tailored to each client’s specific circumstances.
A comprehensive defense strategy includes:
Multi-county experience provides strategic advantages in understanding local prosecution patterns, judicial preferences, and plea negotiation standards across Bergen, Hudson, Essex, and Passaic Counties.
Time-sensitive factors require immediate action. Evidence preservation, witness availability, and strategic positioning opportunities diminish with delay.
Contact (201) 880-5311 for immediate consultation on distribution defense strategies specific to your charges and circumstances.
A cocaine possession conviction can derail your career, education, and life opportunities. Experienced legal representation provides a chance for case dismissal, charge reduction, or diversion program admission.
Adam M. Lustberg understands that cocaine charges create immediate crisis situations requiring both legal skill and practical guidance. His decade of exclusive criminal defense experience includes successful outcomes of cocaine possession cases through evidence suppression, diversion program admission, and strategic negotiations.
Your case deserves a comprehensive investigation and aggressive advocacy. Don’t face the criminal justice system alone when your freedom and future are at stake.
Call (201) 880-5311 for immediate consultation. Free case evaluation available to discuss your charges, options, and next steps toward the best possible outcome.
