NJ 1ST TIME DRUG OFFENSE PENALTIES NJ LEADS TO VIOLENT CRIMES
New Jersey’s Expert Criminal Defense Lawyers: Protecting First-Time Drug Offenders with Former Prosecutor Experience
Facing a drug charge is an overwhelming and frightening experience, especially if it’s your first time. Supposing you’re facing a charge for possessing or distributing controlled dangerous substances (CDS) in New Jersey, the Law Offices of Todd Spodek consisting of former county prosecutors, specialized criminal defense attorneys & a team of certified trial attorneys, will help you understand what comes next. Whether you want more information, legal representation or just someone to talk to about your case, we are here to help!
Why You Should Choose Our NJ Criminal Defense Firm?
Our law firm has over 200 years of combined experience defending clients charged with possession, distribution and possession with intent to distribute drugs such as heroin, cocaine,methamphetamine,LSD, MDMA,Oxycontin/Oxycodone,Xanax among others. Our expert legal team includes former county prosecutors who have headed various departments such as Director of the Drug Task Force,Major Crimes Bureau ,Special Operations (such as economic crimes), Juvenile Unit,and an entire Trial Division. We also have Certified Criminal Trial Attorneys dedicated solely to criminal defense clients.
In need of more detailed answers or if you have concerns about your case, please do not hesitate to reach out via phone call any time for a free consultation at 212-300-5196.
What To Note If You Have Been Charged With Your First Drug Offense In NJ
The first thing you should consider is the degree classification of your offense in determining the penalties that come along with it. Depending on specific circumstances regarding your arrest, several CDS offenses may be heard in municipal court falling under disorderly persons’ offenses which carry no prison sentences while other offenses classified based on the quantity sold or possessed could be classified as lower-ranked third-degree crimes (strictly personal drug possession )or higher up first-degree crimes (carrying a penalty of as much as 20 years imprisonment)
Why Is the Degree of Your First Drug Offense Important?
The offense’s grade directly impacts the severity of the penalties and also sets parameters on which drug-related diversionary programs depending on eligibility. For instance, first-degree crimes carry a jail term ranging from 10-20years while second-degree crimes carry a jail time period of 5-10years. A third-degree crime covers personal possession of street-harvested drugs and carries a jail sentence ranging from three to five years. Disorderly persons’ offenses are not classified in either first to fourth degree but still put you at risk for possible six months maximum incarceration.
Knowing whether it is your first-time offense or if you have several prior related convictions comes into play when determining what penalties would be effected. Although a first-time offender has protection under the presumption of non-incarceration rule when they don’t have any prior criminal record.
What Programs Are Accessible To Help Someone Charged With Their First CDS Offense?
Officials in New Jersey came upon five diversionary programs meant to wholly or partially waive specific penalties that generally come with drug offenses:
1. Conditional Discharge:
This eligibility applies for individuals charged with disorderly person’s possession, ensuring they’re devoid of any prior drug convictions or diversions, allowing them one year’s probation with regular drug testing. The successful completion results in dismissal.
2. Pretrial Intervention(PTI):
An availability applied only for third-degree and fourth-degrees and can extend up to three-year probation if need be, provided there isn’t any previous consideration for any similar cases previously.
3. Drug Court:
A mandatory measure typically utilized for severe state prison terms; particularly ones carrying an extended period of parole ineligibility.
4.Veterans Diversion Program:
Primarily tailored towards serviceman who finds themselves embroiled in the legal system propelled by mental illness coupled with a third- and fourth-degree charge.
5.Mental Health Diversion:
Offered particularly for individuals dealing specifically with mental health issues while providing more of mental health-related rehabilitation.
Having legal representation to steer you through drug possession or distribution accusations, whether your first time or a seasoned lawbreaker, is necessary. It guarantees the provision of relevant information on all defenses and diversion programs at your disposal. The attorneys at the Law Offices of Todd Spodek have successfully handled numerous cases covering drug possession and distribution representations over their years of experience. Take advantage of our free consultation if you need legal help by reaching out to us via our office phone number 212-300-5196.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS