Experienced Drug Possession Defense Lawyers Serving Clients Throughout Northern New Jersey & NYC
A conviction of drug possession charges can result in jail time and other penalties. If you or a family member has been charged with drug possession, you can take an important step toward protecting your rights, freedom and future. Talk to a skilled drug possession attorney from Sutnick & Sutnick Attorneys at Law.
We Are Prepared To Defend And Protect Your Rights
Our experience as former prosecutors provides us with valuable insight into the tactics used by the prosecution. Our drug possession lawyers know what to expect and how to prepare for possible challenges.
Our skilled attorneys defend against state drug crimes, federal drug crimes and juvenile drug crimes. Drug possession and drug possession with intent to sell charges frequently involves marijuana. However, we handle possession of any type of drug, including:
- Marijuana
- Cocaine
- Heroin
- Meth (methamphetamines)
- Ecstasy
- LSD
- Prescription drugs such as OxyContin, Xanax and other painkillers
Our experienced drug crime lawyers have helped many satisfied clients, and we will help you achieve the best possible results in your drug possession matter. Call anytime, day or night, for a free consultation.
Constructive Drug Possession Under New Jersey Law
You can be charged with drug possession even if you are not physically holding any controlled substance at the time. New Jersey’s statute makes it illegal for someone to possess unlawful drugs “actively, or constructively.” Constructive possession exists when the controlled substance is question is under a suspect’s knowing control. Accordingly, you might face a criminal charge when police find drugs in a room or car you were in. Depending on the circumstances, prosecutors could allege that more than one person is in constructive possession of the same stash. If you’re facing a constructive possession charge, evidence relating to fingerprints, proximity and access might be crucial. We’ll push back against incorrect presumptions and protect your fundamental rights.
Cannabis Crimes In New Jersey And New York
Recreational cannabis use is now legal in both New Jersey and New York, but police can still arrest you for a variety of marijuana-related charges. Holding a certain amount on your person or in your home could be considered evidence of unlawful distribution, but state laws differ on the specific levels. Another distinction is that you can grow your own in New York, while New Jersey residents must purchase their cannabis at a licensed dispensary. Both states prohibit possession and use for individuals under 21. No matter where you’ve been arrested, your first step should be to retain a knowledgeable defense lawyer who can analyze the evidence against you and review if police used improper tactics such as an odor-based search.
Possession With Intent To Distribute Charges
Potential penalties increase sharply for a defendant accused of Possession With Intent to Distribute (Intent to Sell in New York) rather than simple possession. Enhancements for activity in a school zone or on public property can make a sentence even longer. Police and prosecutors use many forms of evidence in order to bring this more serious charge against defendants, including the quantity seized, cash found on the suspect and paraphernalia, such as scales and envelopes, related to the processing and sale of drugs. There are many ways in which an innocent action, communication or the presence of a common household item can be misinterpreted and used to support an Intent to Distribute count. Our attorneys fight hard against excessive charges and pursue justice for clients wrongly accused of trying to sell controlled substances.
Common Evidentiary Issues In Drug Possession Cases
Typically, the key physical evidence in a drug possession case is the controlled substance itself. Police might seize drugs during a traffic stop, a consent search or a home entry authorized by a warrant. No matter the location, improperly obtained evidence can be excluded at trial. Reasons for exclusion include a lack of probable cause, a defective search warrant and a police investigation that exceeds the scope of the warrant. There are also instances where consent is inauthentic due to police coercion. We thoroughly review the acts of the case and prepare suppression motions when law enforcement personnel overstep their bounds.
We Explore All Available Options
If you are facing a first offense of drug possession, we can look at options for getting you involved in a diversionary program. When you participate in a drug diversion program, you can avoid a conviction. Our clients often need help, not punishment.
New Jersey and New York have drug court programs that help many drug users get treatment and avoid jail. We will help determine if drug court is appropriate for you. If you or someone you love needs drug treatment or drug therapy, drug court may be an effective way to resolve the criminal case and get help at the same time.
Is this your first experience with the legal system? It is common to feel confused and frightened about the process. As your defense attorneys, we will explain the charges, potential penalties and all stages of the legal process. Additionally, we will talk to you about the ways your case can be defended, possible options for plea bargains and legal defenses should the case go to trial. We will take time to talk to you and understand your account of what happened so that we can effectively protect your interests.
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If you or a family member is facing marijuana possession charges or other type of drug possession charges, do not hesitate to contact us. To schedule your free consultation at our Hackensack, Wayne or Bronx office, call 201-212-4532.