The penalties for possession of a controlled substance can be quite harsh, even if you have a clean criminal record. That’s why it’s important to understand the charges against you and have a Bergen County criminal defense lawyer on your side.
What Are the Punishments for Possession of a Controlled Substance?
The penalties for possession of a controlled substance can vary greatly depending on what kind of substance you are accused of having and how much of it you are accused of having in your possession. Having less than 50 grams of marijuana on you can be charged as a disorderly persons offense, but other types of substances could get you punished with charges in the third, the second, or even the first degree.
Some general guidelines for charging and sentencing look like this:
First-degree charge: A conviction can mean a prison sentence of up to 30 years and fines of up to $1,000,000
Second-degree charge: A conviction can mean a prison sentence of up to 25 years and fines of up to $500,000.
Third-degree charge: A conviction can result in a prison sentence lasting up to 3-5 years and fines of up to $35,000.
Fourth-degree charge: A conviction can result in a prison sentence of up to 18 months and fines of up to $15,000,
Disorderly persons offense: The New Jersey equivalent of a misdemeanor. A conviction for a charge at this level can lead to six months of jail time, a fine of up to $1,000.
You could also end up losing your license or having it suspended if convicted of any degree of possession.
What Should I Do If I’m Arrested For Possession?
If you are arrested and suspected of possessing controlled substances, the cops might try to tell you that they can help you. Just explain the situation to them and that will help clear things up.
We don’t recommend talking to the cops. You should exercise your right to remain silent and your right to an attorney. Let your lawyer do the talking for you.
How Can I Defend Myself Against Possession Charges?
There are many potential defenses against possession charges. Depending on the circumstances of your case, you may be able to:
- Dispute the illegality of the substances
- Question the legality of the search
- Claim that the substances were not in your possession
- Accuse the police of trying to entrap you
Every case is different, but if there is a way to defend you from your charges your lawyer will do their best to find it.
Meet With an Attorney
So if you are facing possession charges, know that you have to take them seriously. Contact the Law Office of Boyd & Squitieri to schedule a consultation and tell our experienced defense attorneys more about your case.
