Drug Crimes

New Jersey Drug Crime Defense Lawyer

Drug crimes are very common in New Jersey, but that doesn’t mean these criminal charges should be taken lightly. New Jersey’s drug laws are some of the toughest in the country. Committing a drug crime in New Jersey—even if you are a first-time offender—can have severe penalties.

If you are facing New Jersey drug crime charges, contact the experienced criminal defense attorneys at The Hernandez Law Firm. At our criminal defense law firm, we understand that your freedom is on the line, which is what motivates us to aggressively pursue a favorable resolution to your criminal drug case.

What Are The New Jersey Drug Laws?

In this state, it is illegal to possess, manufacture, and distribute controlled substances. The term “controlled substances” refers to a wide range of illegal drugs and dangerous substances including:

  • Heroin
  • Mescaline
  • Peyote
  • LSD
  • Cocaine
  • Methadone
  • Opioids
  • Amphetamines
  • Methamphetamines
  • Opium

You can face drug charges for having controlled dangerous substances in your illegal possession, distributing the substances, or manufacturing the substances.

Additionally, you can also face drug charges for having a controlled dangerous substance in your possession with the intent to sell them. It is also illegal to have certain types of drug paraphernalia in your possession, including pipes, bongs, or packaging materials.

Is Marijuana Legal in New Jersey?

In New Jersey, marijuana possession under 6 ounces is legal; however, you can still be charged with criminal drug charges for distributing, manufacturing, or having possession of marijuana over 6 ounces. If you were charged with a marijuana DUI, the rules around testing and proof of impairment are different from alcohol-based DWI charges and require experienced legal representation.

Are Drug Crimes Misdemeanors or Felonies?

New Jersey does not classify drug crimes as misdemeanors or felonies. Instead, it classifies criminal offenses as disorderly persons offenses and indictable crimes.

The majority of New Jersey drug offenses are classified as indictable crimes. The degree of the New Jersey drug crime will vary depending on the type of substance involved and the nature of the offense.

For example, the drug possession of schedule I, II, III, or IV controlled substances, which include morphine, cocaine, heroin, and LSD, is a third-degree indictable crime. However, the illegal drug possession of schedule V controlled substances such as small amounts of codeine or opium, is a fourth-degree indictable crime.

Many New Jersey drug crime charges involving the drug manufacturing or drug distribution of controlled dangerous substances are first- or second-degree indictable crimes.

Most drug offenses are indictable crimes. But some drug crimes are disorderly persons offenses, including the drug possession of 50 grams or less of marijuana.

The drug laws in New Jersey are complex. For this reason, it’s important to seek legal representation from a criminal defense attorney who can ensure you understand your criminal New Jersey drug charges.

What Penalties Are Imposed On Drug Offenders in New Jersey?

A New Jersey drug crime conviction can lead to serious penalties, including jail time or prison time, fines, community service, and probation.

The exact penalties that you will face if convicted will vary depending on a number of factors, including your criminal record, nature of drug charge, the drug crime, type of controlled substance, and amount of controlled substance involved in the drug crime.

How A Criminal Defense Attorney Can Beat Drug Charges In New Jersey

Don’t give up hope simply because you have been charged with a drug crime. Instead, put your drug case back in the hands of a trusted and experienced drug charge attorney from The Hernandez Law Firm for help.

At our law office, our experienced drug defense lawyers have helped countless clients beat their New Jersey drug charges. Some of the many strategies we have used to fight drug charges include:

  • Arguing that the defendant did not have constructive possession of the controlled dangerous substances
  • Dismissing evidence that was collected during an illegal search and seizure
  • Challenging the results of the lab testing performed on the controlled substance
  • Proving that the officer did not have reasonable suspicion to stop your car or probable cause to conduct a search

All drug crime cases are unique, so we will need to carefully review the facts of your case to determine the most effective strategy to use. Then, we will aggressively fight to secure your freedom, reduce your charges, or get your charges dismissed altogether. If your charges involve drug use and driving, visit our page on DWI involving drugs to understand how those cases are handled.

Frequently Asked Questions About New Jersey Drug Crimes

What is the difference between drug possession and possession with intent to distribute in New Jersey?

Simple drug possession means you had a controlled substance for personal use. Possession with intent to distribute is charged when prosecutors believe the quantity or circumstances—such as packaging, scales, or large amounts of cash—suggest you intended to sell. Intent to distribute is a more serious indictable offense and carries significantly higher penalties, including longer prison sentences and larger fines.

Can drug charges be expunged from my New Jersey record?

Many drug convictions in New Jersey are eligible for expungement after a waiting period, provided you meet the eligibility requirements under state law. An experienced drug crime attorney can advise whether your specific conviction qualifies and when you may be able to file. In some cases, a first-time offender may be eligible for a conditional discharge, which can result in dismissal of charges without a conviction.

What is a conditional discharge in New Jersey drug cases?

A conditional discharge is a diversionary program available to first-time drug offenders in New Jersey. If granted, you are placed on a period of probation-like supervision. If you complete the program without violating its terms, the charges are dismissed and you avoid a criminal conviction. Eligibility depends on the nature of the charge and your prior record.

Do drug charges in New Jersey affect my driver’s license?

Yes. A conviction for certain drug offenses in New Jersey can result in an automatic driver’s license suspension of six months to two years, even if the offense did not involve a vehicle. This is separate from any jail time or fines associated with the conviction.

Schedule a No-Cost Consultation with Our New Jersey Drug Crime Lawyers Today

Have you been charged with a New Jersey drug crime? If so, seek legal representation from a skilled New Jersey drug crime defense lawyer at The Hernandez Law Firm right away. Our attorneys are passionate about protecting the rights of the accused.

Let us work tirelessly to fight your drug offense charges and reach the best possible outcome in your case. To schedule a free consultation, call our law firm at 732-582-5076 or fill out the form on our website today.