Drug Possession Attorneys in Essex County

Drug Possession Attorneys in Essex County

You got arrested with drugs in Essex County last week, maybe it was heroin in your pocket during a traffic stop in Newark, maybe prescription pills without a valid prescription in Montclair, maybe cocaine in your car in West Orange, maybe someone else’s drugs found in your apartment in Bloomfield, and the charge reads possession of CDS – controlled dangerous substance – and you don’t know what you’re facing because hard drugs like heroin, cocaine, methamphetamine, fentanyl, MDMA, LSD, any amount triggers a third-degree crime in Essex County with three to five years in state prison and fines up to $35,000, that’s for possession, not distribution, not intent to distribute, just having it on you where one bag of heroin, one gram of cocaine, doesn’t matter how little since third-degree crime applies and New Jersey doesn’t mess around with Schedule I to IV controlled substances while prosecutors in Essex County charge these aggressively, and marijuana under 50 grams is a disorderly persons offense even after decriminalization with up to six months in county jail, $1,000 fine, six-month license suspension even if you weren’t driving, even if the stop had nothing to do with a vehicle since that license suspension hits hard if you need to drive for work while over 50 grams of marijuana or over 5 grams of hashish becomes a fourth-degree crime meaning up to 18 months in state prison, $25,000 fine where the amount matters tremendously, and prescription drugs without a valid prescription like Xanax, Percocet, OxyContin, Adderall where four or fewer dosage units is a disorderly persons offense carrying six months jail, $1,000 fine but five or more units is fourth-degree crime bringing 18 months prison, fines up to $15,000 since prosecutors count pills where four pills equals disorderly persons in municipal court but five pills equals indictable crime in Superior Court with much higher stakes, and disorderly persons offenses like marijuana under 50 grams, small amounts of prescription drugs, drug paraphernalia, these stay in municipal court whether Newark Municipal Court, Bloomfield, Montclair, wherever you got arrested in Essex County since municipal court judges handle disorderly persons offenses locally while indictable crimes like third-degree possession of heroin, fourth-degree possession of prescription pills, those go to Essex County Superior Court at the Veterans Courthouse in Newark for grand jury, indictment, Superior Court proceedings with prison time on the table, and thanks for visiting Spodek Law Group, a second-generation law firm managed by Todd Spodek where we’ve represented clients in Essex County drug cases for over 40 years, many, many cases in municipal courts and at the Veterans Courthouse in Newark, if you’re reaching out to us we understand the situation you’re in right now.

First-time offender charged with drug possession in Essex County, no prior drug convictions, PTI might be available as Pretrial Intervention which suspends prosecution while you complete requirements like drug counseling, community service, random drug testing, stay out of trouble for 6-36 months depending on the charge and your background, complete PTI successfully and charges dismissed, no conviction on your record since Essex County approves PTI applications for many first-time drug possession cases, even hard drugs like heroin or cocaine if it’s truly your first offense, but not automatic, not guaranteed since prosecutor has to agree, judge has to approve where your attorney files the PTI application, appears at the hearing, negotiates with the prosecutor’s office, get rejected and you’re heading to trial or pleading guilty with all the consequences that brings.

Second offense, third offense means PTI is gone and now you’re looking at mandatory minimum sentences for some charges where second heroin possession brings presumption of incarceration since judges in Essex County Superior Court impose prison sentences regularly for repeat drug offenders, and criminal record implications mean conviction shows up on every background check where employers see it, landlords reject applications, professional licenses get denied or revoked, immigration consequences for non-citizens where drug convictions can trigger deportation proceedings.

New Jersey law defines possession as knowing, intentional control of a substance with knowledge of its character where prosecutors have to prove you knew it was there, knew what it was, and three types of possession under New Jersey law include actual possession meaning physical control like drugs in your pocket, constructive possession meaning legal control even if not in immediate grasp like drugs in your car’s glove compartment, symbolic possession meaning having the means or right to take control like a key to a storage unit containing drugs.

Defense strategies in Essex County drug cases include challenging the search that found the drugs, illegal traffic stops without reasonable suspicion, warrantless searches without probable cause or consent, suppression motions to exclude illegally obtained evidence, challenging constructive possession when drugs found in a shared vehicle or residence since prosecution has to prove you knew the drugs were there and had control over them not just that you were present, testing the chain of custody for lab evidence, challenging whether the substance is actually what prosecutors claim it is, demanding proper testing procedures were followed because Fourth Amendment violations, Miranda violations, these can get evidence thrown out before trial.

Former Essex County prosecutors know the drug unit at the prosecutor’s office, know which assistant prosecutors handle drug cases, know the judges at Veterans Courthouse and their sentencing tendencies, know PTI approval patterns, know how drug cases get resolved in Essex County while at Spodek Law Group our attorneys have handled many, many drug cases, some made national headlines, high-profile prosecutions, but most work happens defending regular people facing drug possession charges who need their rights protected and their futures preserved.

Call 212-300-5196.