Charges For Cocaine Possession in New Jersey
Third Degree Cocaine Possession
If an individual is in possession of cocaine in an amount of less than one half ounce, the individual will be charged with a third degree crime. Third degree crimes in New Jersey carry a potential state prison sentence of between three and five years.
Second Degree Cocaine Possession
Possession of cocaine in an amount greater than one half ounce but less than five ounces is a crime of the second degree. A second degree crime carries a potential state prison sentence of between five and ten years in New Jersey. A second degree crime also carries with it a presumption that the court will impose a state prison sentence upon conviction.
First Degree Cocaine Possession
Possession of cocaine in an amount more than five ounces will result in a first degree possession of cocaine charge. A first degree possession of cocaine charge carries between ten and twenty years in a New Jersey state prison upon conviction. A first degree crime, like a second degree crime, carries a presumption of a state prison sentence upon conviction.
Potential Defenses for NJ Cocaine Possession Charges
If you or someone you know has been charged with possession of cocaine in the state of New Jersey, call our New Jersey cocaine possession lawyers. Our cocaine possession lawyers will raise any and all defense to a cocaine possession charge. Some of those defense include, filing a motion to suppress and or a motion to dismiss.
Motion To Suppress
A motion to suppress is a motion which asks a court to suppress the cocaine which was found because it was found in violation of either the New Jersey State Constitution or the United States Constitution. If the court does agree that cocaine was found in violation of either the New Jersey or Federal Constitution, and orders that the evidence should be suppressed, the cocaine will not be permitted to be entered into evidence in the individual’s criminal prosecution. Without cocaine to admit into evidence during a criminal prosecution, the state will not likely be able to prove a possession of cocaine charge and will likely be forced to dismiss all of the possession charges.
Motion To Dismiss
A motion to dismiss asks a court to dismiss an indictment for various reasons. Some of those reasons may include that the grand jury which heard the evidence and returned the indictment, did not hear all the evidence, such as evidence which would tend to show that the individual was not actually in possession of cocaine. A motion to dismiss is less likely to be filed in a cocaine possession matter. A motion to suppress is the more common motion. However, both motions can be filed if appropriate.
Our Cocaine Possession Lawyers Are Here To Help
The New Jersey cocaine possession lawyers at our firm handle cocaine possession matters throughout the state of New Jersey including cocaine possession charges that occur in Monmouth County. Our drug defense attorneys are skilled and aggressive attorneys who will not back down in court. We fight hard for our clients. We have been successful in obtaining the dismissal of very serious drug charges. Additionally, our attorneys have obtained not guilty verdicts on behalf of clients charged with drug offenses. Call our firm today. We will take the time to meet with you and discuss all of your options, go over all defenses and if you retain us, fight for you!