New Jersey Possession of Cocaine : NJSA 2C:35-10

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) January 4, 2010 --

Cocaine possession in violation of NJSA 2C:35-10, is typically charged as a third degree (3rd) indictable (felony) offense. Simple possession, as it is sometimes called, differs significantly from possession with intent to distribute, which is a much more serious offense. However, most NJ cocaine possession arrests are for simple possession (3rd degree). Additionally, many of those arrested for possession of CDS (cocaine) are first time offenders with little or no criminal record. The following article briefly summarizes some of the more common penalties, defenses, and options. For a more a comprehensive discussion, please visit the link at the bottom of this page.

If convicted of a third degree offense in New Jersey, the defendant faces up to five years in jail. The reality is that most first time drug possession offenders will never see the inside of a jail cell, as there is a presumption against incarceration for third degree offenses. Moreover, there is a deferred adjudication program in New jersey called Pre-trial Intervention. In most first offense cocaine possession cases, the defendant will have an opportunity to apply for this program. If accepted into the program, the individual will be placed on probation for a period of time, typically one year. If the defendant completes the probation successfully, the charges will be dismissed. An experienced criminal defense lawyer can review the facts of your particular case to determine your eligibility and take the steps necessary to get you into this program and keep a conviction off your record.

If the accused has prior convictions for drug related offenses, or a prior felony conviction on his/her record, the situation becomes a little more complicated. Pre-trial intervention may not be an available option. Worse yet, the presumption against jail may be lost. Therefore, it is highly recommended that the defendant consult with an experienced criminal defense attorney prior to speaking with police and before the first court appearance. It may not always be necessary to have legal representation, but it is advisable to have a New Jersey cocaine possession lawyer review the case to determine if there are any viable defenses to the charges. Search and seizure (4th amendment) issues are a common, and defense strategies that focus along these lines are technical. Probable cause, constructive possession, and chain of custody issues are also common.

A conviction for an indictable offense remains on a person's criminal record for 10 years. the stigma attached to a felony conviction makes it difficult to obtain housing, employment, etc. And as previously discussed, the defendant may be facing incarceration. If you have been arrested in New Jersey for cocaine possession, take the time to educate yourself and contact a drug possession defense lawyer who offers free consultation. One phone call could save you weeks of worry.

More information can be found online at http://essexcountynjcriminalattorneys.wordpress.com/about/nj-drug-possession-distribution-attorney-essex-county-new-jerse/

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