One of the most common charges people face today is drug possession. The penalties differ depending on the type of drug and quantity the person is accused of having. If the quantity is sufficient, the person may be charged with "possession with intent to distribute", which means possessing the drug with the intent to either sell it or give it to other people.

In New Jersey, drugs are generally divided into Schedules depending on what the drug is. Marijuana and Ecstasy are Schedule III or IV drugs, and are treated less severely than cocaine, heroin, LSD or methamphetamine (crystal meth) which are Schedule I and II drugs.

Although medical marijuana is legal in New Jersey, the State has still not implemented a system where it can be purchased. The state has tried to “decriminalize” marijuana possession by making it a disorderly persons offense. The penalty can still be up to one year in jail and a fine of $1,000. It is rare, however, for anyone convicted of marijuana possession, at least for the first conviction, to be sentenced to jail. However, a conviction for marijuana possession may limit a student’s ability to get financial aid and affect future employment prospects. That is why drug possession charges of any kind, including marijuana, should not be taken lightly.

If you are accused of any drug crime, it is imperative that you take action to defend your record, as well as defend against fines or jail time for more serious charges.

I can vigorously defend you against possession charges through a variety of means, including tactics that show how the search by the police which found the drugs was illegally done. An illegal search and seizure results in the drug evidence being thrown out of court and the case dismissed. In order to have the charges dismissed resulting from an illegal search, a motion to suppress must be filed. I will file motions to suppress in every case where it is appropriate.

The penalties for possession of drugs with intent to sell or selling them carry severe penalties. In these cases, prosecutors will often try to seize a defendant’s assets like their car or even their house. Even the smallest sale of marijuana or possession with intent to distribute under 50 grams of marijuana can result in a sentence of 5 years in state prison and a fine of $15,000.