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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.
Learn more about cocaine distribution
New Jersey is known nationwide for its tough and aggressive stance against drugs like cocaine, especially their possession, sale, and distribution. If convicted of cocaine possession and distribution in NJ, even as a first-time offender, you are highly likely to receive a lengthy jail or prison sentence. New Jersey statute N.J.S.A. 2C:35-5 makes cocaine possession with the intent to sell to a person or entity a felony. Even if all you did was share cocaine with a friend at a party in Fort Lee or Elmwood Park, NJ, you may be prosecuted for cocaine possession and distribution. While possession of cocaine itself is a serious crime under New Jersey law, the penalties for possession with intent to distribute cocaine are significantly more severe.
With more than a decade of experience exclusively dedicated to criminal defense in Bergen County, Essex County, and throughout New Jersey, Hackensack cocaine distribution lawyer Adam M. Lustberg knows New Jersey drug laws and has helped hundreds of defendants with charges similar to yours.
Contact him today at (201) 880-5311 to discuss your cocaine possession and distribution case.
Whether you intended to sell or distribute the cocaine you were allegedly caught with doesn’t necessarily matter. It is common for NJ police and prosecutors to add the charge of distribution to existing cocaine possession charges when the amount of cocaine is half an ounce or more. Possession of cocaine which is less than half an ounce is a third-degree felony crime. Possession of between half an ounce and five ounces is a second-degree crime. Possession of more than five ounces of cocaine is a first-degree crime.
Penalties for possession of between half an ounce and five ounces of cocaine with intent to sell distribute, or deliver is a second-degree crime:
Penalties for possession of more than five ounces of cocaine with intent to sell, distribute, or deliver is 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.
Note that these penalties can also increase if you are charged with distribution in a school zone or public park in New Jersey. Extenuating circumstances such as these could land you in prison for a mandatory 25 years with no possibility of early parole. Cocaine possession defense lawyer Adam M. Lustberg understands the drug laws in New Jersey and he may be able to help you protect your freedom.
As one of the toughest states against drug traffickers, a person convicted of distribution of cocaine can potentially face a 25-year mandatory minimum prison sentence with no option for early parole. If convicted of distributing cocaine to a minor or pregnant woman, the penalty is doubled. If convicted of distribution or possession of the said drug on or within 500 feet of a school, public housing, drug treatment facility, methadone clinic, or homeless shelter, additional penalties will also apply.
When you’ve been charged with possession, distribution, or “trafficking” in Fair Lawn, Garfield, Hackensack, or anywhere else in New Jersey, fast action is critical. Any delay in hiring a qualified Bergen County defense attorney may negatively impact the outcome of your case.
Contact us today at (201) 880-5311 to schedule a consultation with criminal defense attorney Adam M. Lustberg.
First and foremost, if you’re convicted, you face the loss of your freedom because you may be incarcerated for decades, followed by a closely monitored, lengthy probation sentence. It could also cause you to lose your driver’s license and pay fines of hundreds of thousands of dollars. Once released from prison, as a convicted felon, it may substantially limit your job and educational opportunities and prevent you from obtaining certain professional licenses.
There are two primary diversion programs available in New Jersey for people charged with cocaine possession. These programs are offered for both nonviolent offenses and first-time offenders.
These programs are:
These programs are for those who truly want to end their drug addiction. Our team may be able to provide legal advice about entry to PTI or drug court because we want to get the best possible outcome for our clients. We may be able to help you explore what other options you may have. Call us today to schedule a free consultation.
Examples of the evidence that may be presented to prosecute a cocaine distribution case include:
To fight for your constitutional rights, you need a New Jersey criminal defense attorney who is experienced at challenging the prosecution’s evidence. The prosecutor has the burden of proving the elements of your Rochelle Park cocaine distribution charge “beyond a reasonable doubt.” Your NJ drug crime defense attorney should be prepared to challenge their supposed evidence so that your case cannot be proven beyond a reasonable doubt. Here are some of the challenges that Hackensack attorney Adam M. Lustberg might bring against the prosecutor’s allegations in your cocaine distribution charge:
Keep in mind that there are two different types of cocaine distribution charges:
Hiring a criminal defense attorney early in the process may result in some of the charges being dismissed before your case goes to trial, or you may be able to avoid going to trial altogether. If the case does proceed to trial and you are found guilty of some charges, the penalties may be less severe.
In Bergen County, Passaic County, Hudson County, and Essex County, NJ, prosecutors have varying priorities, policies, and political agendas in regard to drug possession and distribution crimes. Attorney Adam M. Lustberg has been representing his clients in all four counties and beyond in New Jersey and is knowledgeable about their specific and individual proclivities that can work to your advantage. In addition, Adam M. Lustberg will examine every aspect of the prosecution’s case and identify what’s lacking in their evidence to create a strong defense on your behalf. Hackensack criminal defense attorney Adam M. Lustberg has successfully represented hundreds of defendants accused of every type of drug crime in NJ, including possession with intent to distribute cocaine, marijuana, heroin, methamphetamine, and illegal prescription drugs.
You can drop criminal charges in certain circumstances. You can drop criminal charges if the police officers made a mistake in filling out forms, if there is no probable cause, or if evidence has been improperly obtained. Each case is unique with its own specifics. That is what your lawyer will consider when preparing the defense.
Criminal defense attorneys begin a detailed investigation of the situation surrounding drug charges. You are protected under the Constitution from unreasonable searches, seizures, and other illegal searches. A traffic stop that results in a cocaine stop can lead to the charges being dropped. The same applies if law enforcement did not have probable cause to search the vehicle. A motion to suppress evidence can be filed by your lawyer if the evidence was obtained in error.
The cocaine used determines the crime level. First Degree distribution is when the quantity involved is five (5) ounces and more. It is Second-degree distribution if the weight falls between one-half and five (5) ounces. It is Third-degree distribution if the weight is less than a half-ounce.
As an experienced NJ drug crime lawyer who has handled hundreds of drug distribution defenses, attorney Adam M. Lustberg knows how to carefully examine the facts of your case, analyze the circumstances of your arrest and seizure of evidence, and build a strategy to attack the case against you. He will fight vigilantly to protect your constitutional rights. Moreover, if a trial becomes necessary, he will prepare an aggressive defense designed to attack the prosecutor’s case against you and help you beat your New Jersey drug possession and distribution charges.
Timing is critical in NJ cocaine distribution cases, so don’t delay. Call (201) 880-5311 Hackensack criminal defense attorney Adam M. Lustberg today or fill out the online contact form.
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.
Contact us today at (201) 880-5311 to schedule a free initial consultation with our experienced drug possession lawyers about your cocaine possession charges.
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