With some of the harshest penalties in the nation for drug crimes, New Jersey cocaine possession charges must be taken seriously. If convicted of cocaine possession, you may face significant penalties, including imprisonment, a lifetime criminal record, mandatory substance abuse treatment, loss of driving privileges, and a diminished quality of life. Having a skilled NJ criminal defense attorney with substantial experience defending against cocaine possession charges is imperative to protect your constitutional right to a fair defense. Hackensack criminal defense attorney Adam M. Lustberg knows the proper, legal police procedures for stopping and detaining a suspect, conducting legal searches, and obtaining evidence. Most importantly, Adam M. Lustberg knows how to fight your New Jersey cocaine possession charges.
It’s important that any attorney who represents you in a cocaine possession case knows that only evidence obtained constitutionally may be used against you during a trial. If police found cocaine on you while conducting an illegal search, the evidence may be suppressed. Other factors matter during a Fort Lee or Fair Lawn arrest for cocaine possession, such as whether your Miranda rights were read to you and whether there was just cause to stop you in the first place. Contact Bergen County criminal lawyer Adam M. Lustberg today to discuss your charges and start your defense.
To schedule a consultation with out skilled drug possession lawyers, call (201) 880-5311.
As with marijuana, heroin, methamphetamine, and illegally possessed prescription drugs, the amount of cocaine you are charged with possessing affects the penalties you’ll receive if convicted. Possession of less than half an ounce of cocaine is considered “possession” and is considered a third degree felony crime in New Jersey, as classified by N.J.S.A. 2C:35-10.
Penalties for Possession of Less Than Half an Ounce of Cocaine:
A cocaine possession conviction on your permanent criminal record could affect your ability to gain employment or be approved for housing in Elmwood Park, Rochelle Park, or anywhere else in New Jersey.
Keep in mind that these penalties apply to a first-time conviction for possession of cocaine. Subsequent convictions for cocaine possession typically result in more severe penalties.
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 record expunged.
If the cocaine possession charges constitute your first criminal charges, a knowledgeable Fort Lee criminal defense attorney may be able to 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.
To learn more about drug possession in New Jersey and how you can get a more favorable outcome, call us today (201) 880-5311.
There are two primary diversion programs available in New Jersey for people charged with cocaine possession. These programs are available for nonviolent offenses and in most cases for first-time offenders.
A pretrial Intervention Program (PTI), is an alternative that requires defendants to be under court supervision for between 1 and 3 years. This may include submitting to a psychological or drug and alcohol evaluation, complying with recommended treatment programs, random urine testing, and compliance with other requirements. If a defendant completes all conditions of PTI successfully, the original charges against him are dropped and there is no record to prove his guilt.
Drug Court is special probation that requires strict supervision. It involves frequent drug testing, court appearances, and structured treatment and recovery programs (12-step) groups. Counseling and other resources may be available to participants for issues such as job training and education, and health care. These programs are for those who truly want to end their drug addiction.
New Jersey’s veterans diversion is available to active and retired military personnel, as well as the reserves. It is designed for those who have been accused of nonviolent offenses and are diagnosed with a mental disorder or have shown such symptoms to law enforcement, family, friends, or loved ones. Participants may avoid trial and those who successfully complete the program could have their criminal records expunged. You may also be able avoid prosecution if you have managed to get the cocaine possession charges against your downgraded to municipal court.
A conditional discharge program is one in which charges are dismissed with no plea. Once all conditions are met, conditional discharge is permanent.
If you are facing charges of drug possession or cocaine possession, having a skilled criminal defense lawyer is very important so that you can explore what other options you may have. Experienced criminal defense lawyer Adam M. Lustberg understands the seriousness of a drug charge and will work hard to help you receive a more favorable outcome.
To schedule a consultation with the New Jersey criminal defense attorneys at Lustberg Law offices, call (201) 880-5311.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
In New Jersey, most charges for possession of cocaine occur because police initiated search of the defendant’s person, car, or home. Hackensack cocaine possession attorney Adam M. Lustberg has analyzed police conduct hundreds of times in these types of cases and can quickly ascertain whether your 4th Amendment constitutional rights were violated.
The Fourth Amendment states that:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
If it can be proven that your 4th Amendment rights were violated, Newark criminal attorney Adam M. Lustberg will file a motion to suppress any prosecutorial evidence and have your case dismissed.
If you’ve had previous arrests and convictions and your cocaine possession case proceeds to trial, you may face mandatory jail or prison time. In fact, multiple repeat offenses could trigger mandatory minimum prison sentences spanning decades.
As a seasoned NJ drug attorney, Adam M. Lustberg has represented hundreds of defendants charged with possession and distribution of cocaine, marijuana, heroin, methamphetamine, and illegal possession of prescription drugs. In many cases, he has had his clients’ drug charges dismissed and helped his client be found not guilty when they didn’t qualify for a diversionary program.
If you were arrested and charged with possessing cocaine, you need to contact experienced Hackensack criminal defense lawyer Adam M. Lustberg. He will help you fight the cocaine possession charges and protect your liberty. He knows how to develop the best defense strategy, negotiate with police and prosecutors, and ensure your right to fair representation.