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Hunterdon County Cocaine Possession Lawyers

Hunterdon County Cocaine Possession Lawyers

You got pulled over on Route 31 in Hunterdon County. Officer found a small bag. Now you’re facing cocaine possession charges in Flemington, arraignment in 48 hours, prosecutor talking about “third-degree indictable offense,” bail hearing, potential jail time. Your job is at risk. Your family doesn’t know. It’s 2am and you’re Googling lawyers trying to figure out if this ruins your life or if there’s a way out. This is where you are. Not in a legal textbook. In your kitchen, terrified, needing answers about what actually happens in the next 72 hours in Hunterdon County — Flemington Municipal Court or Superior Court, bail hearing procedures, arraignment timeline, whether prosecutor offers PTI or demands prison.

Thanks for visiting Spodek Law Group. I’m Todd Spodek — second-generation criminal defense attorney, built on more than 40 years of family experience defending cases prosecutors called impossible. Anna Delvey case (Netflix series Inventing Anna), Ghislaine Maxwell juror scandal defense, high-profile Ponzi schemes that made the NY Post and Bloomberg. We defend cocaine possession cases in Hunterdon County with the same constitutional rigor Alan Dershowitz brought to Claus von Bülow: question everything, challenge every search, demand prosecutors prove their case beyond reasonable doubt. 212-300-5196 — available 24/7.

What Happens in the Next 7 Days

You’re not wondering about legal theory. You’re wondering what happens TODAY. Day one, day two post-arrest: You were arrested, processed, fingerprinted somewhere in Hunterdon County — likely Flemington or Clinton Township. Police issued either complaint-warrant (you’re held) or complaint-summons (released with court date). New Jersey’s bail reform system completed what’s called a Public Safety Assessment, a PSA score, computer-generated number that determines whether you’re released immediately or held for a detention hearing within the next 48 hours where a judge decides if you’re a flight risk or a danger to the community. People think New Jersey eliminated cash bail in 2017 and that means automatic release — it doesn’t. Hunterdon County prosecutors still request detention for cocaine possession if you have any prior record whatsoever, even an old marijuana charge from 2010 sitting on your record that you forgot about, or if they claim you’re a “community safety risk” based on vague factors like where you live or who you know. The PSA score matters more than most people realize. Then day two through seven, first appearance and arraignment happens: You’ll appear in either Flemington Municipal Court (rare, only if the charge somehow gets downgraded to a disorderly persons offense) or Hunterdon County Superior Court which is where most cocaine possession cases actually land. Charges are formally read to you. The prosecutor stands up and says “third-degree indictable offense” and suddenly you realize this is not a traffic ticket, this is not something you can just pay a fine and walk away from. You OR your lawyer can appear at this hearing but here’s the thing that catches people: what you say at arraignment can be used against you at trial, every single word gets recorded and handed to the prosecutor, so get a lawyer BEFORE this hearing happens, not three days after when you realize you said something stupid. If the judge releases you, and many judges do release first-time offenders in Hunterdon County, expect conditions of release that are not negotiable: weekly drug testing at a facility you have to drive to, travel restrictions meaning you can’t leave the state without permission, possibly surrendering your passport if they think you’re a flight risk, and if you violate any single one of these conditions you’re back in custody within 24 hours with no second chance. But here’s the constitutional issue that prosecutors desperately hope you ignore and most defendants miss entirely: Was the traffic stop even legal in the first place? Did the police officer have actual probable cause to search your car without obtaining a warrant? Hunterdon County police officers routinely rely on “I smelled the odor of marijuana” or “the defendant seemed nervous during the traffic stop” to justify searches, and both of these justifications can be challenged in court through a motion to suppress evidence. If the search was unconstitutional under the Fourth Amendment, which happens more often than prosecutors admit, then the cocaine evidence gets suppressed entirely and the case collapses before trial even starts.

Quantity Determines Everything

Does amount matter?

It’s the difference between probation and prison. Under 0.5 grams (typical user amount): Third-degree indictable. Three to five years state prison, but presumption of non-incarceration for first offense. PTI-eligible. Prosecutor might offer conditional discharge. Most Hunterdon County cocaine possession cases fall here. You have options. Between 0.5 grams and 5 ounces: Still third-degree, but no PTI. Now they’re talking “possession with intent to distribute” even if you never sold anything. Judges less sympathetic. Prison time more likely. Five ounces or more: Second-degree — five to ten years, NO presumption of non-incarceration. “Distribution” charge added automatically.

Here’s what prosecutors don’t tell you, what many, many defense attorneys miss: Police weigh the bag, the residue, sometimes the packaging — not just pure cocaine. We’ve seen 0.4 grams actual cocaine recorded as 0.6 grams because they included the plastic baggie. Lab testing can be challenged. Chain of custody can be broken. Officer certification can be questioned. Weight anywhere close to 0.5-gram threshold? We demand independent re-testing. We’ve gotten charges downgraded by proving police over-estimated weight by one-tenth of a gram. The Dershowitz principle: Make the state prove EVERY element beyond reasonable doubt. They can’t prove weight with scientific certainty, they can’t prove third vs second-degree.

The PTI Choice

Can you avoid conviction? Maybe — through Pretrial Intervention. But in Hunterdon County it’s not automatic. What PTI looks like if approved: Six to eighteen months supervised probation, monthly drug testing, community service (25-50 hours), fees ($300-$500), stay out of trouble. Complete the program and charges dismissed — no conviction, no prison, nothing on record after five years. Hunterdon County reality: Prosecutor must approve PTI application. Hunterdon County approval rate lower than state average. Conservative prosecution. They say no to prior records, even decade-old marijuana possession. They say no if cocaine amount above certain threshold. Alternative opened in 2024-2025: Drug Court. Hunterdon County Superior Court now offers Drug Court for third-degree cocaine possession. Six-to-twelve-month intensive program — weekly court appearances, random testing, mandatory counseling. MUCH harder than PTI. But if PTI denied, Drug Court might still get dismissal.

The choice: Accept PTI if offered — dismissal, clean record after five years. Reject PTI, go to trial — risk conviction, prison, permanent record. Accept plea deal — conviction, probation, fines, record forever. Fight on constitutional grounds — challenge search, suppress evidence, force dismissal. Sometimes fighting is smarter. A constitutional defense that wins means case disappears entirely.

Hunterdon County Is Different

Yes.

Local prosecution philosophy determines outcome more than the statute. Flemington Municipal Court vs Superior Court: Simple cocaine possession CAN be downgraded to municipal court as disorderly persons offense. Massive difference — no state prison time, easier to expunge. Superior Court means indictable offense, permanent record. Hunterdon County prosecutors more conservative than Essex, Hudson, Bergen counties. Lower PTI approval. More detention requests. Aggressive on “intent to distribute” enhancements. But predictable. We know what they’ll offer. We know which assistant prosecutors approve PTI. We know which Hunterdon County Superior Court judges grant suppression motions.

Why local experience matters: We’ve defended cocaine possession cases in Flemington many, many times. Prosecutors by name. Judges who respect constitutional arguments. What Drug Court requires. That knowledge is the difference between dismissal and conviction.

You got arrested for cocaine possession in Hunterdon County. Choices you make in next seven days determine whether this conviction follows you for life or gets dismissed. PTI application deadline approaching. Arraignment in 48 hours. Your next move: Talk to someone who’s defended your exact situation in Flemington Superior Court. Call 212-300-5196.

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