The Law Offices of Alexander M. Iler represent individuals charged with cocaine possession and distribution throughout New Jersey including in Monmouth County, Ocean County, Middlesex County, and Mercer County, NJ. Our criminal defense lawyers are available immediately to assist you with your cocaine possession, marijuana possession, or possession of drug paraphernalia charges. The initial consultation at our Monmouth County New Jersey office is always free of charge.
Cocaine Possession Charges in NJ: N.J.S.A. 2C:35-10
§ 2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition
a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226. Any person who violates this section with respect to:
(1) 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.A. 2C:43-3, a fine of up to $ 35,000.00 may be imposed;
Penalties for Cocaine Possession in New Jersey
As the above statute enumerates, charges for simple possession of cocaine are typically third degree offenses. Thus, this is an indictable criminal charge and will be handled at the county level. Further, there are enhanced penalties if you were charged in a school zone or near a public housing facility or park. However, if this is your first criminal charge you may be eligible for New Jersey's Pre-Trial Intervention Program. If you successfully complete the supervisory period of PTI, you can avoid a permanent criminal charge on your record. As a result, it is imperative that you speak to a criminal defense attorney at the Iler Law Firm to examine all possible resolutions to your drug charge.
NJ Cocaine Possession with Intent to Distribute: N.J.S.A. 2C:35-5
§ 2C:35-5. Manufacturing, distributing or dispensing
a. Except as authorized by P.L. 1970, c. 226, it shall be unlawful for any person knowingly or purposely:
(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
b. Any person who violates subsection a. with respect to:
(1) Heroin, or its analog, or coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, or analogs, except that the substances shall not include decocainized coca leaves or extractions which do not contain cocaine or ecogine, or 3,4-methylenedioxymethamphetamine or 3,4-methylenedioxyamphetamine, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. The defendant shall, except as provided in N.J.S.A. 2C:35-12, be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-3, a fine of up to $ 500,000.00 may be imposed;
(2) A substance referred to in paragraph (1) of this subsection, in a quantity of one-half ounce or more but less than five ounces, including any adulterants or dilutants is guilty of a crime of the second degree;
(3) A substance referred to in paragraph (1) of this subsection in a quantity less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 75,000.00 may be imposed;
Penalties for Intent to Distribute Cocaine in New Jersey
The degree of offense under N.J.S.A. 2C:35-5 is based on the weight of the drug in your possession. If you are caught with five (5) ounces or more, it is a first degree offense. If you are caught with less than five (5) ounces but more than one-half ounce, you will be charged with second degree cocaine possession with intent to distribute. If you are caught with less than one-half ounce of cocaine and you are charged with intent to distribute, this is a third degree offense. Please contact the experienced criminal defense lawyers at the Iler Law Firm for additional information regarding your New Jersey drug charges.
