When facing drug charges in New Jersey, you need a criminal defense lawyer you can rely on to handle your case skillfully and with consideration. The attorneys at Clark & Clark, LLC, understand the anxiety of being charged with a drug crime and how difficult the situation is for you and your family. Our experienced attorneys are ready to tackle the charges against you and work with you every step of the way to get the best possible outcome for your case.
If you’ve been charged with a drug crime and need honest representation for your case, call the experienced attorneys at Clark & Clark, LLC, at 732-303-7857 for a free consultation. We proudly serve those who live in Jersey City, Freehold, Essex, Hudson, Monmouth County, and nearby areas of New Jersey.
- Experienced Drug Attorneys
- Drug Possession Charges
- Drug Paraphernalia Possession Charges
- Drug Trafficking Charges
Experienced Drug Attorneys
The experienced drug possession and drug trafficking lawyers at Clark & Clark, LLC, handle most types of drug cases. As former prosecutors, Charles F. Clark and Ryan J. Clark have unique insight into the case against you and have an intimate understanding of the investigation techniques the police employ, and more importantly, the mistakes the police commonly make.
They also know the many proof problems the prosecutors face and what information they commonly want in order to move the case in your direction. Our thorough investigation into your case will examine all aspects and probe into potential weaknesses in the charges against you, such as:
- Was the evidence obtained legally?
- Is there sufficient evidence provided by the prosecution?
- Did the prosecutor fail to prove all elements of the drug crime?
From the moment you become our client, we proactively begin building your defense. We don't wait to see how the prosecution will frame the charges against you. We make sure your side of the story is represented.
Drug Possession Charges
Drug charges in New Jersey carry the potential for harsh penalties. The New Jersey Comprehensive Drug Reform Act, passed in 1987, stiffened the potential penalties facing people charged with drug possession. It also added many drugs to the existing list of controlled substances.
The penalties you may be facing for drug possession vary according to the type of drug and the amount of the drug in your possession. Possessing larger quantities of a drug can lead to charges of possession with intent to distribute. Drugs that have a high potential for abuse carry stiffer penalties.
Facing these charges head-on is what our attorneys do, although you should also know that there is the possibility of severe consequences if you are convicted, which include:
- Felony conviction on your criminal record
- Exclusion from certain types employment
- Dismissal from your current job
- Jail time
Possession of Marijuana
The potential punishments for marijuana possession can be harsh. Additionally, there may be charges associated with simply possessing drug paraphernalia associated with marijuana and other drugs. If you were in possession of a certain amount of marijuana, you may also be charged with a distribution-related crime, regardless of whether that was your intention.
The lawyers at Clark & Clark, LLC, know how criminal drug charges are brought and prosecuted. We challenge all of the evidence against you and look at the following things that may be a key aspect of your defense:
- Illegal search and seizure: If the police searched your car, home or person when they found marijuana, we can determine whether your constitutional rights were violated
- Improper police conduct and procedures: We have the experience necessary to challenge improper police conduct, oftentimes regarding police informants, undercover officers, and procedures involved in your arrest
- Other options in your case: With years of experience, our lawyers know how to build an effective strategy to get the best possible results on your behalf
Possession of Cocaine
Possession of Cocaine, technically referred to as possession of a controlled dangerous substance (CDS), is a third degree felony in New Jersey. A person charged with possession of cocaine may face up to five years in New Jersey state prison, although there is a presumption of non-incarceration for first time offenders.
Most possession of cocaine charges in New Jersey arise as a result of a police initiated search of their person, car, or home. We’ve analyzed police conduct on a daily basis for years and immediately know whether or not your constitutional right to be free from illegal searches and seizures has been violated. If the police acted inappropriately we do not hesitate to file a motion to suppress the evidence and seek to have the case dismissed.
If we cannot obtain an immediate dismissal, we may still be able to get you into a pre-trial intervention program (PTI). This is a diversionary program that allows you to put your case on hold for a short period of time. Completion of PTI (usually a 1 year program) results in a dismissal of your charges at the end of the PTI term. Even if it is your first offense, you need an experienced lawyer to minimize the impact a conviction could have on your future.
Possession of Cocaine with Intent to Distribute
Possession with intent to distribute cocaine is a potentially serious criminal offense in New Jersey and often times carry mandatory jail sentences. The penalties vary greatly depending on the weight of the drugs involved, the area in which the arrest was made (i.e. on school property or in a public park), and whether or not an accused has a prior distribution or possession with intent to distribute conviction.
Possession of Heroin
Possession of heroin, just like cocaine, is a CDS crime and is a third degree felony in New Jersey. A person charged with possession of heroin may face up to five years in New Jersey state prison, although there is a presumption of non-incarceration for first time offenders. Our attorneys will work to show if you were illegally searched and get your charges removed. Or, we will work to get your sentence reduced should you be charged.
Possession of Ecstasy
Ecstasy is just one of many street names for 3, 4-Methylenedioxymethamphetamine (MDMA). Ecstasy is a man-made psychoactive drug with hallucinogenic and stimulant properties in the phenethylamine and amphetamine families.
MDMA was legal in the U.S. until 1985 when it became classified as a Schedule I controlled substance. It was briefly used as a treatment option in psychotherapy, particularly for people who suffered from post-traumatic stress disorder.
Amount of ecstasy crime degree penalties include:
- 1/2 ounce or less: 3rd Degree Crime, 3-5 years in prison, and up to $75,000 in fines
- Under 5 grams but more than 1/2 ounce: 2nd Degree Crime, 5-10 years in prison
- 5 ounces or more: 1st Degree Crime, 10-20 years in prison, and up to $500,000 in fines
If you are convicted of distribution of ecstasy, in addition to the above penalties, you will be ineligible for parole between a period one-third and one-half of the sentence. You may also be required to pay up to $500,000 in additional fines.
Prescription Drug Fraud
People on legal prescription drugs run out of medications and can’t get their doctor to refill the prescription. They become addicted to their legally prescribed pain medication. The horrors of addiction lead to stolen prescription blanks and unauthorized attainment of medication.
You may be relieved to learn that prosecutors don’t really want to see a person go to jail for an addiction to prescription drugs. You need to get treatment for your addiction, not sit behind bars. Counties typically have treatment and counseling programs available to help you beat your addiction and avoid a criminal conviction upon successful completion. We know the programs and we work hard with the courts to help you in every way possible.
Drug Paraphernalia Possession Charges
A criminal charge for possession of drug paraphernalia—even when unaccompanied by any other drug charges—has the potential for serious consequences. If you were in possession of any drug-related equipment or materials, you may be charged with possession of drug paraphernalia, which is a disorderly conduct offense in New Jersey. There are many types of products that can lead to these charges, such as:
- Marijuana pipes
- Rolling papers
- Plastic bags
- Prescription pads
Possession of drug paraphernalia is often charged along with other drug crimes, such as possession of a controlled substance. Even when charged on its own, a conviction for paraphernalia possession may have serious consequences, such as:
- Months in jail
- Fines up to $1,000
- Loss of driving privileges
- Criminal record
Although each case is unique, possession of drug paraphernalia is not generally an offense that is plea bargained by the municipal prosecutor. Most often, this means your three options will be to plead guilty, fight the charge, or apply for a conditional discharge. Whether this is the first time you have been charged with a criminal offense or you already have a conviction on record, the lawyers at Clark & Clark, LLC, will advocate tirelessly on your behalf.
Drug Trafficking Charges
Criminal charges involving drug trafficking, manufacturing, distribution, and cultivation require an experienced criminal defense team. Prosecutors tend to pursue these cases aggressively. Typically, the goal is to shut down the illegal drug operation and to make sure as many of the involved individuals as possible are punished.
Although these charges intend to target drug crimes associated with an organized operation, sometimes people get charged with distribution simply because of the amount of drugs they had on them or because they were growing marijuana. At Clark & Clark, LLC, we handle a wide range of these serious drug charges, including:
- Transportation of drugs
- Possession and distribution of narcotics
- Manufacturing and cultivation controlled substances
- Prescription drug fraud
Our attorneys have a history of obtaining favorable results in trafficking, manufacturing, distribution, and cultivation cases. We’re fully prepared to go to trial if that's what it takes to pursue the case results you want. Plea bargains are often good options as well, and we are prepared to fight to get probationary terms instead of a jail sentence. In certain situations, you may be able to avoid jail by agreeing to drug court, or we may be able to get the charges against you downgraded.
Contact Our Experienced Drug Attorneys Today
The experienced drug lawyers at Clark & Clark, LLC, can handle these types of claims and virtually all others. With extensive skills in the courtroom and experience as former state prosecutors, we know how to build a strategic, aggressive defense on your behalf.
The approach to each case is unique because your circumstances are unique, but all of our clients receive a proactive defense strategy that includes demonstrating you are a person, not a criminal, and that you do not deserve drastic and harsh punishments.
If you’re facing any of the above drug charges and want aggressive yet compassionate representation, contact us today at 732-303-7857 to schedule your free consultation. We proudly serve the areas of Jersey City, Freehold, Essex, Hudson, and Monmouth County, New Jersey.