Drug Charges

Fighting a serious criminal matter with the right NJ Drug Offense Lawyers

A person charged with a drug-related offense may be subject to jail time, significant fines, and license suspension or revocation. In some instances, a conviction can be considered a disqualifying event, resulting in the inability to obtain employment or termination of existing employment.

Charges involving the manufacturing or sale of drugs are even more serious. These charges can result in jail time and a lengthy period of probation. That is why you must have the right NJ Drug Offense Lawyers on your team.

We handle the following drug-related charges:

• Possession of Illegal Drugs
• Possession of Prescription Drugs
• Possession of Drug Paraphernalia
• Distribution, Manufacturing or Dispensing

Some individuals charged with a disorderly persons drug offense may qualify for a conditional discharge. A conditional discharge is a form of probation that, if completed, would enable an individual to eventually have the charge removed from their record.

For individuals charged with indictable drug-related offenses who are first-time offenders, they may be placed in the Pre-Trial Intervention (PTI) program. Like a conditional discharge, PTI is a probationary diversion program.

Drug Charges for Possession of Illegal Drugs

In New Jersey, being charged with the possession, use, or being under the influence of illegal drugs is a very serious criminal matter. If you are facing such a charge, you need an experienced and aggressive criminal defense attorney to fight for your interests.

In New Jersey, it is illegal to knowingly or purposefully obtain or possess a controlled dangerous substance. Under New Jersey law, the statutory element of possession is satisfied even where possession is merely constructive. Constructive possession is established, for example, where drugs are found near an individual in a place where they can readily access them. Actual possession refers to drugs being located directly on an individual's person.

If you have been charged with drug possession, you must retain the services of an experienced criminal defense attorney. An attorney can discuss your case with the assistant prosecutor handling the matter, raising the possibility of avoiding some or all of the serious penalties that result from a conviction.

Mr. Villani will take the time to discuss the facts of your case with you. If you are a first-time offender, he will determine whether you may be eligible to enter a diversionary program such as Pretrial Intervention or whether you can obtain a conditional discharge. Mr. Villani and the Villani & DeLuca NJ Drug Offense Lawyers are committed to helping you get your life back on track and your legal troubles behind you.

Drug Charges for Possession of Prescription Drugs

Have you been charged with possession of Xanax, Oxycodone, Percocet, Valium, or any other prescription drug? If so, call the experienced criminal defense attorneys at Villani & DeLuca, P.C. at (732) 709-7757.

Possession of prescription drugs in New Jersey is a serious crime with potentially severe consequences for your future. Potential prison sentences vary with the type and quantity of the drug possessed.

As with any criminal charge, successful defenses can be made to a prescription drug possession charge. For example, if you have a valid prescription and can provide it, the charge will likely be dismissed. You may also have a defense if you were holding the drugs for a friend or relative.

Drug Charges for Possession of Drug Paraphernalia

Possession of drug paraphernaliais a common charge brought against individuals in Ocean County and Monmouth County. Under New Jersey law, drug paraphernalia refers to any equipment used to produce, conceal, or consume illegal drugs. This broad definition includes items such as:

• Rolling papers marked with marijuana residue
• Glass pipes with smoke stains
• Hypodermic needles
• Bongs
• Roach Clips
• Vials
• Plastic baggies
• Syringes

A common scenario involves an individual driving home from a party or the beach after smoking marijuana, who is then stopped for a traffic violation. The officer smells recent marijuana use, and the individual agrees to a vehicle search. The officer discovers drug paraphernalia, often a bong, and makes an arrest.

Depending on the facts and circumstances of your case, including whether you have a prior criminal history, you may be eligible to receive a conditional discharge for a drug paraphernalia charge. A conditional discharge keeps you out of jail, but you must abide by all terms of the program.

Drug Charges for Distribution, Manufacturing or Dispensing

Charges involving the manufacturing or sale of drugs are far more serious than simple possession. In many of these cases, pretrial intervention is not available. These charges can result in jail time and a lengthy period of probation, with long-standing consequences including disqualification for employment.

The facts and circumstances of your case may support an effective defense. Call the attorneys at Villani & DeLuca, and they will thoroughly review your case, explain the judicial process, and discuss a likely resolution.

The outcome of a drug distribution, manufacturing, or dispensing case depends on a variety of factors, including:

• The type of drugs involved
• The amount of the drugs involved
• Your particular level of involvement in the activity relevant to the charge
• What evidence the police found when you were arrested that can be used against you
• Whether you have a criminal record
• If the charge involved the selling of drugs, the location of the sale (e.g. near a school)
  
  

Frequently Asked Questions

Can I be charged with drug possession when I am a passenger in a car containing drugs I don't own?

A) There is no legal distinction between drug possession and drug ownership. If you know that an illegal drug is present in a vehicle and you can actively or constructively exercise control over it, the law considers you guilty of drug possession.

Can I get my drug possession conviction expunged from my record?

A) If you were 21 years of age or younger at the time of the offense, you may be able to have a conviction for drug possession or drug use expunged from your criminal record. An application for expungement may be made to the appropriate Superior Court no less than one year after conviction, termination of probation or parole, or discharge from custody, whichever is later.

Will my landlord be notified of my drug conviction?

A) Yes. If it is found that an offense involving the possession, manufacture, dispensing, or distribution of a controlled dangerous substance or drug paraphernalia took place upon leased residential premises where you were a resident, notice of the conviction or plea will be sent to the property owner upon conviction or a guilty plea.

Is possession of cocaine a felony offense?

A) In New Jersey, criminal offenses are categorized as indictable crimes (known in other states as felonies) or disorderly persons offenses (known in other states as misdemeanors). Penalties for possession of cocaine vary based on the weight of the drugs, the location of the possession, and whether there was intent to distribute. Enhanced penalties apply if you are charged with possession in a school zone, public housing project, or public park.

Is possession of marijuana a felony offense?

A)In New Jersey, criminal offenses are categorized as indictable crimes or disorderly persons offenses. Possession of more than 50 grams of marijuana is a crime punishable by a fine of up to $25,000. Possession of 50 grams or less is a disorderly persons offense. Enhanced penalties apply if the charge occurs in a school zone, public housing project, or public park.

Is possession of heroin a felony offense?

A) In New Jersey, possession of heroin is an indictable criminal offense. Penalties vary based on the weight of the drugs, the location of the possession, and whether there was intent to distribute. Enhanced penalties apply if the charge occurs in a school zone, public housing project, or public park.

Is possession of drug paraphernalia a felony offense?

A) Possession of drug paraphernalia can be classified as either an indictable crime or a disorderly persons offense. The use or possession with intent to use drug paraphernalia is a disorderly persons offense. The distribution, dispensing, or possession with intent to distribute is a crime.

"Drug paraphernalia" includes all equipment, products, and materials of any kind used or intended for use in planting, cultivating, manufacturing, processing, packaging, storing, concealing, ingesting, inhaling, or otherwise introducing a controlled dangerous substance into the human body.

Call The Experienced NJ Drug Offense Lawyers

If you or a family member has been charged with possession of drugs or drug paraphernalia, contact Villani & DeLuca immediately to help represent your interests in court.

Partner Carmine R. Villani, Esq. has years of experience representing individuals facing drug-related allegations throughout Ocean and Monmouth Counties.

Call (732) 709-7757 to schedule a free initial consultation. We represent clients throughout Ocean County and Monmouth County, New Jersey.