Tag Archives: CDS

Criminal

Illegal Possession of CDS

NJ law breaks down the penalties, definitions and categories of CDS, or controlled dangerous substances in legal statutes for their manufacture, distribution, and possession. The following information deals with the possession of such CDCs, often known as drugs, and the consequences that can come from them. In New Jersey, it’s not only the drugs themselves that are classified, but also the materials that go into their manufacture.

Fines and Penalties for CDS Possession

There are a number of consequences for those who are charged and found guilty of the possession of CDS, many of which vary by the schedules of each drug, which will be explained later on. Here is a look at some of the penalties that can be applied per charge.

  • Schedules 1-4 of CDS are considered a drug charge in the third degree, which carries with it between three to five years in prison, and a fine of up to $35,000. This is for a first offense.
  • Schedule 5 CDS are less dangerous, and as such their possession only carry up to a $15,000 charge, and up to a year and a half in prison for a first offense.
  • Being under the influence of any CDS not prescribed will result in up to $500 in fines.
  • For second and subsequent convictions, fine and prison sentence penalty maximums are doubled what they would have been for a first offense.
  • When a possession is found within 1,000 feet of a school building or school bus, there are additionally harsh penalties. Schools are marked as a ‘drug free zone’, and will result in steep charges and jail times. Even if a defendant is not sentenced to time in prison, they will be faced with at least 100 hours of community service for possession near a school building or bus.

Schedule Breakdown

The classification of drug schedules goes from 1 to 5, with a decrease in penalties, levels of addiction and abuse as the schedules go on. The initial schedules have no officially sanctioned medical purposes and are more dangerous than the latter listings. Some medicinally prescribed drugs in the lower categories have the ability to appear in more than one category, as they can be both abused and beneficial when treated properly. Below is a list of some of the drugs which fall under each category.

  • Schedule 1 CDS: LSD, heroin, ecstasy, mushrooms, bath salts, and cannabis.
  • Schedule 2 CDS: Cocaine, methamphetamines, opium, PCP, and Vicodin.
  • Schedule 3 CDS: Morphine, Amphetamines, and Valium.
  • Schedule 4 CDS: Xanax, Ambien, and date rape drugs.
  • Schedule 5 CDS: These are drugs which can be used for acceptable medical treatment, in smaller doses. When abused or found in larger doses, they will be classified under higher levels.

Know Your Options

If you are being charged with a CDS offense, contact the office of Robert E. DePersia for professional and experienced help with your case. Call for your free consultation at (856) 795-9688 today to see your options are with a CDS possession charge.

Criminal

Possession with Intent

Under federal and state law, individuals found with an illegal drug will face charges of possession of a controlled dangerous substance (CDS), which is punishable by fines and imprisonment. The crime becomes mores serious and the penalties are more severe when the drugs in possession are with the intent to distribute. To be convicted of possession with intent to distribute three elements must be satisfied.

Possession

First, the prosecution must prove that the defendant was in possession of a controlled dangerous substance. A CDS is any “drug, substance, or immediate precursor in Schedules I through V.” In New Jersey, almost all illegal drugs are considered CDSs, including prescription medications. Tobacco and alcohol are two of the only drugs exempt.

To fulfill the possession requirement, the individual must have knowingly obtained or received the drug or knew of the presence of the controlled substance. In several court cases, the “knowledge” requirement has expanded to “should have known,” which has made it easier fulfill the possession element.

Intent to Distribute

New Jersey defines “distribute” as the act of transferring a controlled substance from one party to another. Drugs do not have to be sold in order for it to constitute as distributed. The prosecution must prove the defendant distributed or planned to distribute the CDS. This means that an individual can face charges even if they only planned to give them to someone else.

If a police officer did not witness the distribution, the quantity of drugs, packaging materials, sums of money, and other drug paraphernalia will be used to determine if the drugs were going to be distributed. If an individual is found with an amount only enough for personal use, they most likely didn’t have intent to distribute and will only be charged with possession of a controlled dangerous substance.

Possession with Intent to Distribute

Possession with intent to distribute has only occurred if the possession and intent to distribute elements happened simultaneously. An individual cannot be charged with possession with intent to distribute if they are planning on selling drugs but do not have them in their possession yet.

Penalties

The penalties vary according to the CDS and increased depending on the quantity in possession. In addition to the possible jail time and hefty fines, a drug conviction can have a significant impact on your life. Additionally, the location of the offense can also cause the penalties to enhanced, i.e.: within 100 feet of school or public park.

If you have been charged with a drug crime, it important to protect your rights and freedom by hiring an experienced defense attorney. I, Robert E. DePersia, will investigate all aspects of your case to determine if the state has met all the requirements needed for a possession with intent charge. As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. For a consultation, call The Law Office of Robert E. DePersia, II today at (856) 795-9688.

Criminal

Marijuana-From Possession to Penalties

In the State of New Jersey, it is a crime to knowingly or intentionally possess marijuana. Even insignificant amounts are considered an offense. The penalties vary according to the amount in possession.

Possession of Under 50 Grams

In New Jersey, a simple possession (without intent to sell) of less than 50 grams of marijuana is a disorderly persons offense. When found with marijuana, no amount is too small to avoid arrest—even trace amounts constitute possession of less than 50 grams. Even an individual with a pipe containing no marijuana, only residue will face charges not only for drug paraphernalia, but also for possession of marijuana.

Possession of less than 50 gram is a disorderly persons offense that can result in penalties of up to $1,000 in fines and up to 6 months in jail. Second and subsequent offenders may be subject to more severe consequences. New Jersey allows first time offenders to avoid jail time by participating in the Conditional Discharge diversionary program. Those eligible for the program will be put on probation, which requires them to remain drug-free and arrest-free for a determined period. If the probation is completed without any violations, the original charges will be dismissed.  However, if the defendant fails to comply with the regulations of the probation, the conditional discharge will be terminated and the original charges will proceed to court for prosecution.

Possession of 50 Grams or More

As the amount of marijuana in possession increases, the penalties and charges increase as well. In New Jersey, possession of 50 grams or more of marijuana is considered a 4th degree crime. Unlike a disorderly persons offense, a 4th degree crime is an indictable offense and must be addressed in the supreme court. A conviction of possession of 50 grams of marijuana or more carries penalties of up to $25,000 in fines and a sentence of up to 18 months in a New Jersey state prison.

If you have been charged with possession, you need legal representation to help minimize and possibly eliminate the penalties. In almost all circumstances, police find marijuana on a person through a search. As your attorney I, Robert E. DePersia, II, will determine if the police followed the correct procedures for the search. Any evidence gained through an improper search cannot be used against you in court. To find out how I can help you or if you have any questions, call The Law Office of Robert E. DePersia, II today at (856) 795-9688.