New Jersey has strict laws regarding drug possession. These penalties become greater when drugs are found in your possession during a routine traffic stop. Having drugs in your possession does not include drugs you have a valid prescription to possess. Controlled dangerous substances include:

  • Cocaine
  • Crack cocaine
  • Speed
  • Heroin
  • Ecstacy
  • Marijuana

Prescription Drugs include:

  • Ambien
  • Dilaudid
  • Methadone
  • Ritalin
  • Oxycontin
  • Codeine

What the State Must Prove

To secure a conviction a New Jersey prosecutor must prove evidence showing your guilt. The prosecutor can’t simply say that you had the drugs on you at the time of the traffic stop. In fact, there are specific elements the prosecutor must prove beyond a reasonable doubt to convict you. The elements are:

  • You were operating a vehicle
  • You operated the vehicle while knowingly in possession
  • The possession was of CDS, drugs or prescription drugs
  • The drugs were located on you or within the vehicle

A drug possession conviction may mean that you can’t keep your job or driving privileges. To avoid these severe penalties, you need the assistance of an attorney to fight the charge of possession of drugs during a traffic stop. Fontanella, Benevento, Galluccio & Smith is committed to helping you with your case.

Possible Penalties

Since it is illegal for you or any driver operating a vehicle to knowingly possess any drugs, you face the standard drug possession charges. You also face the additional charge for operating a vehicle while in possession of drugs. This charge includes penalties of:

  • Suspended license for two years
  • Fines
  • Fee up to $50
  • Criminal charges of drug possession
  • Loss of your vehicle (some state drug laws allow the police to take your vehicle if CDS is found in it)

Criminal charges of drug possession vary according to the drug found and the amount. For example, if the police officer finds marijuana nizagara in your vehicle, you face a first offense charge of:

  • Maximum 18 months in jail
  • Fines up to $15,000
  • Loss of driver’s license
  • Drug rehabilitation treatment (in a program at your expense)

Possession of CDS or Narcotics (first offense)

  • Three to five years in jail
  • Fines up to $25,000
  • Enrollment in a mandatory drug rehabilitation program

Simple Possession of Prescription Drugs

This is usually a third degree indictable charge. In addition to a suspended license, you face five years in prison in addition to fines.

If you or a loved one is charged with drug possession during a traffic violation, you have the right to defend yourself. Fontanella, Benevento, Galluccio & Smith has experienced drug possession lawyers prednisone who dedicated to helping you.