Generally speaking, a controlled substance is a drug whose use and possession is regulated by the law, including your typical “street drugs,” but also extending to prescription medication as well.
Here is a list of the substances prohibited in New Jersey along with the degree and any statutory penalties which deviate to the standard fines found in N.J.S. 43-3:
- A controlled dangerous substance 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 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;
- 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.
What Are the Different Classifications of Drug Crimes?
Drug crimes are classified into first, second and third degrees. Drug possession or distribution convictions that are less severe in nature are classified as the third degree. Second and first degree offenses carry much more serious penalties.
Crimes in the third-degree range can be punishable from 3 years to 5 years in a New Jersey State prison, and some charges that are only classified as third degree can be reduced to a monetary fine, community service or court-mandated rehabilitation. As drug charges intensify, the penalties follow suit. A first or second degree drug charge often means a lengthy jail sentence.
How Can An Attorney Help Me Fight a Drug Charge?
In the case of drug crime convictions, evidence plays a key role in the legal proceedings and determination of guilt and penalty. Your lawyer will take into account all factors surrounding the drug evidence obtained at the time of your arrest. In some cases, drug evidence was illegally obtained and therefore cannot be upheld in a court of law.
Sometimes innocent people get arrested for drugs that belong to someone else. A drug crime attorney will defend your stance in court and will ensure that the judge hears your side of the story. If applicable, your attorney can help you negotiate a plea deal to minimize whatever penalties you do incur.
Timing Matters
The sooner you consult with a drug crimes attorney, the sooner you can build a strong case for defense. A drug charge can severely negatively affect your professional and personal life. Getting entangled in drug trouble can be costly, and without the right legal help, you may suffer financially and personally for quite some time.
The Bianchi Law Group, LLC is skilled in the legal proceedings surrounding drug crimes, and can provide aggressive and committed negotiation skills to your case. When your day comes to speak before a judge in court, you need tough legal representation by your side. Don’t let a drug charge ruin your life. Schedule your free consultation with The Bianchi Law Group, LLC today.