Are All Drug Crimes Considered Felonies in New Jersey?
In New Jersey, the criminal code does not classify criminal offenses in the most common way. Throughout the United States, many states and the federal code classify crimes as either felonies or misdemeanors. Felonies are the most serious offenses carrying the most severe penalties. Misdemeanors typically carry less then a year in jail. However, New Jersey does not use this system.
In New Jersey, criminal offenses are either crimes or disorderly persons offenses. However, criminal offenses in New Jersey would typically be considered felonies in most other jurisdictions and disorderly persons offenses would typically be considered misdemeanors in many other jurisdictions.
Potential Penalties For Felony Drug Crimes in New Jersey
In New Jersey, possession of most controlled dangerous substances is a third degree criminal offenses. A third degree criminal offense can carry between three and five years in a New Jersey state prison and or a period of probation as well as significant fines. In some circumstances, depending upon the weight of the drugs, an individual can be charged with a second or even first degree drug offense. A second degree drug offense carries between five and ten years in New Jersey state prison upon conviction as well as significant fines. A first degree drug offense carries between ten and twenty years in a New Jersey state prison along with significant fines.
Typical controlled dangerous substances in New Jersey include:
Depending upon the weight in which these drugs are possessed, these drug offenses can range in seriousness from third degree to first degree. All of these offenses would be much like a felony drug charge in a different jurisdiction even though they are classified in a slightly different way in New Jersey.
Can a First Offense Felony Case Be Dismissed?
The simple answer to this questions is yes. If you were charged with a first offense drug charge, it may be dismissed if there is a problem with the way in which the drugs were recovered. A problem may specifically mean that the drugs which were recovered by officers, were recovered in violation of the United States and or New Jersey Constitution. The charges may also be dismissed if the charges cannot be established beyond a reasonable doubt based upon the specific facts and circumstances.
Additionally, the charges may be dismissed upon the successful completion of a pre-trial program called pre-trial intervention. Pre-Trial Intervention places the defendant on a period of probation for a certain period of time. Other conditions may also be placed upon the defendant. If the defendant complies with all of the conditions, the charges may be dismissed at the end of the probationary period.
Our New Jersey Felony Drug Lawyers Can Help
If you or someone you know has been charged with a drug offense in New Jersey call a felony drug charge defense lawyers as soon as possible. Our lawyers will take the time to meet with you and go over the specifics of your case. We will discuss potential defenses to the drug charges and if the charges may be downgraded or dismissed. Additionally, we will aggressively represent your interests in order to obtain the best possible outcome in your felony drug possession case.