New Jersey Possession of Controlled Dangerous Substance Attorneys

Committed Advocacy to Help Clients Overcome Serious Drug Possession Charges

In New Jersey, Possession of Controlled Dangerous Substances (CDS) is probably the most common charge in Superior and Municipal courts across the State. Possession of CDS is codified at N.J.S.A. 2C:35-10. It refers to possession of drugs and narcotics, specifically those that cause physical and physiological symptoms. Drug crimes in our state are treated very seriously by the legislature and the courts, so if you’re facing charges, you should have a New Jersey possession of controlled dangerous substance lawyer on your side.

At The Bianchi Law Group, drug possession cases are some of the most common issues our law firm deals with. It’s typically considered a third-degree offense, and this means a person could face years in prison for a conviction. “Possession” as used in the Criminal Code signifies an intentional control and dominion of a proscribed narcotic drug accompanied by knowledge of its character. Actual physical or manual control of the proscribed drug is not required if the intention to exercise dominion and control over it is manifested in circumstances where it is reasonable to infer that the capacity to do so exists.

Possession need not be exclusive but may be jointly exercised by two or more persons. All this shows that even seemingly straightforward cases can be complex. Unfortunately, that’s often what the government is hoping for — as complexity creates confusion, and confusion creates fear. Luckily, you don’t have to go through this alone. Contact our law firm today for a free consultation with a criminal defense attorney. We’re here to help.

Why Hire Former Prosecutors for CDS Charges?

The Bianchi Law Group is made up of a team of former trial prosecutors who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey, including Possession of CDS. Working with former prosecutors can give you a major advantage in your case. We’ve seen how law enforcement officers handle drug-related crimes, and we know the mistakes and overreach they frequently engage in.

More importantly, we’ve prosecuted cases like this before. As probably the most common criminal charge under New Jersey law, this means we’ve handled countless cases related to these allegations. We know how the system works. We understand prosecutorial strategies. We can use this knowledge to help create a strategic defense on your behalf. Our possession of controlled dangerous substance lawyers in New Jersey are unmatched in their experience and commitment to our clients.

Contact us today for your free initial consultation.

Former Possession of CDS Prosecutors

Founding Partner and Former Morris County Prosecutor Robert A. Bianchi has returned to private practice after running the operations of the entire Morris County Prosecutor’s Office, having served as the Morris County Prosecutor for 5 and 1/2 years (2007-2013). Mr. Bianchi was appointed as the Morris County Prosecutor by the Governor of the State of New Jersey and unanimously confirmed by the New Jersey Senate in 2007.

While serving as the Morris County Prosecutor, Mr. Bianchi ran the entire office’s operations, including all of its attorneys, detectives, and support staff with a budget of approximately 11 million dollars. His innovative programs and approach have led to numerous awards from State, Local, Municipal, business, and private entities. Robert Bianchi served on the Executive Board of the County Prosecutors’ Association and was one of the few prosecutors in many years to actually argue cases, motions, and sentences in court, and actually tried a murder case himself, which is extremely rare for a sitting county prosecutor.

As Morris County Prosecutor, Robert Bianchi personally supervised the Narcotics unit, which conducted wiretap investigations and undercover police operations. Additionally, Mr. Bianchi was a major contributor to the cooperating witness and confidential informant reform in New Jersey.

Certified Criminal Trial Attorneys by the New Jersey Supreme Court

Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys. In New Jersey, the New Jersey Supreme Court has a certification committee that classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy strict criteria, including extensive jury trials, a primary focus on criminal law, an application submission, a peer review process, a character and background check, and passing a written examination.

Only 250 of over 98,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be an important factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney. This distinction is critical when you’re looking for a New Jersey possession of CDS lawyer. The certification means that we’ve proven ourselves as effective litigation legal counsel.

The simple fact is that plea negotiations are overused in our criminal justice system. While they certainly have their place, far too many people accept pleas so that they can move on with their lives. This helps explain why over 90% of New Jersey drug charges are resolved by plea negotiations rather than trial. At The Bianchi Law Group, our controlled dangerous substances lawyers in New Jersey will review your case and help you understand the best path forward. Contact us today for a free consultation.

Possession of Controlled Dangerous Substances Penalties in New Jersey

The penalties for Possession of Controlled Dangerous Substances depend on the type of drug at issue and may even depend on the place where possession took place. Here is a list of the substances prohibited in New Jersey, along with the degree and any statutory penalties which deviate from the standard fines found in N.J.S.A. 2C:43-3. N.J.S.A. 2C:35-10 provides that any person who violated this section with respect to:

• A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;
• Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;
• Prior to February 22, 2021, the effective date of the law decriminalizing small portions of marijuana, possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed;
• After February 22, 2021, possession of more than six ounces of marijuana, including any adulterants or dilutants, or more than 17 grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000 may be imposed;
• Prior to February 22, 2021, possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish, is a disorderly person; and
• After February 22, 2021, possession of six ounces or less of marijuana, including any adulterants or dilutants, or 17 grams or less of hashish is not subject to any punishment, as this possession is not a crime, offense, act of delinquency, or civil violation of law.

Crimes in the third-degree range can be punishable from 3 years to 5 years in the New Jersey State Prison. Crimes in the fourth-degree range can be punishable by up to 18 months in New Jersey State Prison. Disorderly Persons offenses can be punishable up to 90 days in the County jail.

The Sentencing Judge may also order fines and restitution as prescribed by N.J.S.A. 2C:43-3 for all convictions for Possession of CDS in New Jersey.

Community Service for Possession of a CDS within 1000 Feet of School Property

Any person who commits any offense of a possession of a controlled dangerous substance offense while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.

This means that anyone accused of possessing a dangerous substance or controlled narcotic can face more than just the typical consequences for possession of CDS. Unfortunately, prosecutors will frequently use the threat of additional penalties — sometimes far beyond community service — to scare a defendant into accepting a plea deal. This is often done in an immoral manner that’s somehow allowed under the law, and that’s why you need legal representation fighting for your best interests.

You don’t have to simply accept the consequences of a conviction. Contact our law firm today to discuss your options during a free case evaluation.

DEDR- Mandatory Drug Enforcement and Demand Reduction Penalties

Pursuant to N.J.S.A. 2C:35-15, the Sentencing Judge must order the defendant to pay the following mandatory drug enforcement and demand reduction penalties for any Chapter 35 (Controlled Dangerous Substances) and Chapter 36 (Drug Paraphernalia) convictions:

• $3,000.00 in the case of a crime of the first degree;
• $2,000.00 in the case of a crime of the second degree;
• $1,000.00 in the case of a crime of the third degree;
• $750.00 in the case of a crime of the fourth degree;
• $500.00 in the case of a disorderly persons or petty disorderly persons offense.

Additionally, any person who possesses, distributes, dispenses or has under his control with intent to distribute or dispense 3,4-methylenedioxymethamphetamine, 3,4-methylenedioxyamphetamine, gammabutyrolactone, gamma hydroxybutyrate or flunitrazepam, or a controlled substance analog of any of these substances, shall, notwithstanding the provisions of any other law, be subject to a drug enforcement and demand reduction penalty of twice the amount otherwise applicable to the offense. N.J.S.A. 2C:35-5.11.

NJ Driver’s License Suspension

A person convicted of or adjudicated delinquent for a violation of any offense defined in  Chapter 35 (Controlled Dangerous Substances) or Chapter 36 (Drug Paraphernalia) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the court at not less than six months or more than two years which shall commence on the day the sentence is imposed unless the court finds compelling circumstances warranting an exception. N.J.S.A. 2C:35-16.

This is yet another situation where having experienced legal representation is critical. In many cases, prosecutors won’t fully disclose the complete scope of consequences a person can face. They just want their plea deal to go through quickly, and this leaves many defendants facing unexpected hurdles as they try to get their lives back on track. The idea that you could lose your license over a drug possession charge might seem outlandish, but many people deal with this reality every day.

An experienced New Jersey drug possession attorney can review your case and help you understand all the potential consequences of a conviction. They can explain the legal penalties along with the future difficulties people face from having a criminal record. More importantly, they can help you figure out all your options and craft a defense strategy catered to your unique circumstances. At The Bianchi Law Group, we’re ready to fight on your behalf. Contact us today.

Trial Ready New Jersey Possession of Controlled Dangerous Substances Lawyers

Like in all of our cases handled at the Bianchi Law Group, our experienced team of former prosecutors  are there to make sure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys.

We are former prosecutors, trial-tested, and certified by the New Jersey Supreme Court as criminal trial attorneys. We will not hesitate to go to trial when doing so will secure the best possible outcome for our clients. Even a counterfeit controlled dangerous substance can lead to issues — so it’s possible a person could face charges for having flour on them, something unlikely to cause any harm whatsoever. However, all these cases have their own unique circumstances. This makes it imperative for a New Jersey possession of controlled dangerous substances lawyer to review your case.

Contact us at (862) 292-4442 to schedule your free consultation. Our law firm is here to help.