Drug Crime Defense Lawyers in New Jersey

Drug crimes in New Jersey are a common occurrence. The Garden State does not take these crimes lightly. In fact, the state has substantial consequences for many drug crimes, even for first-time offenders.

If law enforcement charges you with a drug crime in the state of New Jersey, you should not take it lightly. Drug-related convictions can cause irreparable harm, affecting your reputation, employment status, future job opportunities, housing applications, and your ability to get a loan.

It is common to feel anxious and worried about your future if law enforcement arrests you for drugs. To protect yourself, do not delay in calling a New Jersey drug crime lawyer. When facing drug charges, you’ll want an experienced criminal defense lawyer who is well-versed in New Jersey drug laws.

How Can a New Jersey Drug Crime Lawyer Help Reduce My Charges?

Every case is different, but in some cases, our lawyers may be able to negotiate a reduction or even a dismissal of your charges. Our legal team strategically prepares a persuasive case on your behalf. If we find evidence of unlawful behavior by law enforcement, we will aggressively use it. We recommend you call us for a free consultation to see how Lackey & Miller, LLC can help.

What Should I Look for When Hiring a Drug Crime Lawyer in New Jersey?

Not every criminal defense lawyer is equipped to handle drug crime cases. Drug offenses in New Jersey are governed by a complex and constantly evolving body of statutes and case law. Successful defense requires an attorney who is deeply familiar with New Jersey drug laws, suppression issues, and the procedures of the local courts where these cases are prosecuted.

The attorney you choose should also give each case personalized attention, instead of treating you like a number. That includes transparent communication and a strong reputation within the legal community. As former prosecutors, the drug crime attorneys at Lackey & Miller, LLC have the background and qualifications to fight aggressively against allegations involving New Jersey drug crimes and will work tirelessly on your behalf.

Key qualifications to look for in a drug crimes defense attorney include:

• Understanding of plea bargaining, diversion programs, and sentencing alternatives
• Trial experience
• Experience with specific drug types, such as opioids, fentanyl, cocaine and ecstasy
• Experience with programs such as pretrial interventions, recovery court, and conditional discharge

Why Work with the New Jersey Drug Crime Attorneys at Lackey & Miller, LLC

Our experience includes defending charges ranging from simple possession to multi-defendant drug trafficking cases. Many legal organizations have recognized us for our work in this area, including Avvo, Camden County Bar Association, Burlington County, NACDA, Justia, Martindale-Hubbell, The National Trial Lawyers Top 100, and many more.

These organizations have recognized us for handling the following types of cases:

• Drug possession
• Trafficking, manufacturing, and distribution of drugs
• Juvenile drug cases
• Prescription drug cases
• Search warrant cases
• Motor vehicle stops

Criminal Defense Attorneys With Experience Handling Drug Crimes

At our firm, we recognize the vital role that drugs seized from a defendant’s person, car, or home play in the prosecution’s case.

Unfortunately, law enforcement can sometimes act overzealously when they suspect someone is in possession of a controlled dangerous substance. They will ask for consent to search or just conduct a search before receiving a search warrant from a judge or having a valid exception to search.

As case law evolves with new Supreme Court and Appellate Division decisions published almost monthly, it is crucial to stay updated on the latest developments that may impact your case. Our seasoned criminal defense attorneys are well-versed in these ever-changing legal landscapes.

We conduct a meticulous review of the events leading to your arrest and assess whether there is a possibility of excluding the seized evidence due to illegal search and seizure practices by the arresting or searching officers.

Why New Jersey Residents Trust Us

Clients often turn to our law firm for criminal defense because they know they can count on an attorney who will push back and aggressively and tirelessly work on their behalf. We care about our clients and want to help protect them against unlawful charges. If there is validity to a charge, we will work hard to get charges lessened, work toward a plea bargain, or even have those charges dismissed.

Jeremy Lackey and Derek Miller strive to provide a high level of service and believe everyone deserves the right to their day in court. Our caring attorneys will sit down with you and listen to your side of the story. We will work fiercely to protect your rights while providing aggressive advocacy, strategic advice, and personalized representation.

Testimonials

“I reached out to Jeremy with questions related to my husband’s case when we were in search of a new attorney, and he was patient, understanding, professional, and extremely helpful from beginning to end. We ended up changing counsel to work with Lackey & Miller, and it was the best decision we could have made. I only wish we [had] found them sooner. He guided us through a very challenging time with clarity and compassion, making sure we always felt supported. Thanks to his dedication and expertise, the case ultimately resulted in a downgrade and eventual dismissal — an outcome we are beyond grateful for. I would highly recommend Jeremy to anyone in need of legal representation.”– K.S.

“I cannot recommend Jeremy at Lackey & Miller enough. From start to finish, he was incredibly helpful, attentive, and thorough. What stood out most was the level of genuine care he showed through every step of the process—he took the time to explain everything clearly, kept me informed, and always made me feel supported. Jeremy’s professionalism and dedication gave me peace of mind during a really stressful time, and I truly felt like I had someone in my corner who cared about us”– C.M.

“Lackey and Miller stayed in constant contact with me throughout the court process and let me know every time my court date was, which is what I liked. Lackey and Miller also got my pending charges dismissed, thank you, Lackey and Miller.”– F.P.

We Represent Individuals Accused of Drug Possession Crimes

Changes in New Jersey’s drug laws may create the impression that the state no longer imposes severe penalties on individuals convicted of drug crimes. However, it is essential to recognize that this is not the case.

At Lackey & Miller, LLC, located in South Jersey, our attorneys are former prosecutors who fully comprehend the gravity of drug crime convictions and the serious consequences they entail. Our attorneys are well-versed in the most effective approaches to attack the way police obtained evidence and counter any unwarranted allegations.

Whether you are facing charges related to the illegal possession, sale, or manufacture of drugs, the attorneys at our firm will examine all the relevant facts and circumstances surrounding your situation and work tirelessly on your case.

We Handle Drug Possession, Distribution, and Manufacturing Cases

The criminal defense law firm of Lackey & Miller, LLC, is well-equipped to help our clients fight drug charges. As former prosecutors, we understand both sides of the aisle in court cases. We have experience in handling all types of drug charges relating to the possession, distribution, and manufacture of illegal substances.

What to Do If You Are the Subject of a Drug Search

If law enforcement stops you, you should take specific steps, including:

• Remain calm and keep your hands visible.
• Provide your license, registration, and insurance cards if asked.
• Don’t physically resist, argue, or obstruct police, even if you believe the search is unlawful. State your objection clearly and respectfully.
• Exercise your right to remain silent, other than providing your identification and asking to speak to an attorney.
• Assert your rights respectfully if you decline a search or ask if you are free to leave.

You have the right to decline a search. The police need probable cause to search your vehicle or your home. If you do consent to a search, law enforcement may find something that you don’t want them to see. Additionally, it is more difficult to defend against a crime if the police find evidence. However, the police can search if you leave evidence in plain sight.

If you believe law enforcement violated your rights, document their actions so you can remember everything they did when you speak to your attorney.

What To Do If Law Enforcement Stops You While in Your Car

The police need probable cause or your consent to search your vehicle. If you do not want your car searched, politely tell the officer that you do not consent to a search. It is your Fourth Amendment right to be free from searches.

If officers have probable cause, for example, they smell alcohol, or you have drugs visible, they may search your vehicle without your permission.

What to Do If Police Accuse You While at Home

If the police come to your home, ask to see a warrant. You do not have to let them search if they do not have one, unless there are emergency circumstances. If asked to consent to a search of your home or belongings, politely tell the officer that you do not consent to a search. If you give permission for the officers to search, you waive important constitutional rights.

If the police do search, do not interfere. You can quietly observe and document which officers were present, what they took, and any statements they or you make. Immediately assert your right to remain silent and right to counsel.

Can They Search My Phone?

Generally, police cannot search your phone without a warrant, your consent, or certain legal exceptions, such as exigent circumstances. You do not have to share your password or provide consent to unlock your device unless the police have obtained a warrant. Clearly state, “I do not consent to a search of my phone.” You can challenge any illegally obtained evidence in court.

What Factors Can Affect My New Jersey Drug Case?

The outcome of your case depends on several factors, including:

• The amount and type of drugs involved
• Prior criminal history
• Cooperation with authorities
• The circumstances of your arrest
• The quality of your legal defense
• Local court policies

No two cases are identical, and personalized legal counsel is critical.

How Search and Seizure Issues Can Lead to Suppression of Evidence

If the police do not have a search warrant, you do not have to allow the search unless the evidence they are looking for is in plain sight. If the police conduct an illegal search, you should contact an attorney as quickly as possible.

An attorney can file a motion to suppress any evidence law enforcement found during the illegal search. If the court grants the motion, it could lead to a reduction of charges or even a case dismissal since the prosecution cannot rely on evidence covered by the suppression order.

How a Suppression Case Could Play Out

You may be eligible for a successful suppression order if:

• The police stopped you without probable cause, or you did not give consent to the search
• The attorney files a motion to suppress any evidence police found during the illegal search and seizure
• The court may rule drugs and any statements inadmissible
• The prosecutor often has to dismiss the case or drastically reduce the charges if they don’t have the evidence to prove your guilt

Common Misconceptions About Search and Seizure in Drug Cases

Some of the common misconceptions about search and seizure in drug cases include:

• Requiring a warrant to search. If the police have probable cause, such as seeing drugs or drug paraphernalia in plain sight, they can search your vehicle without a warrant.
• The Smell Doctrine. If the police smell drugs, they have probable cause for a search.
• Challenging consented searches. You can challenge searches when you have given consent; however, it is harder to challenge the evidence law enforcement found.

Municipal vs. Superior Court in New Jersey Drug Cases

Some drug charges, such as disorderly persons and certain paraphernalia and minor possession charges, typically go to Municipal Court instead of Superior Court. Higher-quantity possession and CDS distribution will go to the Superior Court. Some of the key differences include:

• Municipal Court has a bench trial instead of a jury trial
• Case timelines are generally shorter for cases that go to Municipal Court
• You have less chance of a jail sentence in Municipal Court, as you may qualify for other sentencing options, such as a conditional discharge.
• In Superior Court, you could be eligible for Recovery Court or Pretrial Intervention programs.

A strong defense strategy may involve downgrading to a charge that a Municipal Court can hear or keeping a current Municipal Court charge from becoming a Superior Court charge.

Can You Beat New Jersey Drug Charges?

While drug charges are serious, it is often possible to defend against them or reduce the charges through legal strategies such as challenging the legality of the search or seizure, questioning the chain of custody, disproving intent to distribute, or negotiating plea bargains. Retain an experienced defense attorney skilled in drug law to maximize your chances of favorable outcomes.

Step-by-Step Overview of the Legal Process

After your arrest, the steps in a typical case include:

• Arraignment: This is your first court appearance after indictment. The prosecution reads the charges, and you enter a plea. The court may order bail or pretrial release conditions if that has not already been done in your case. An experienced attorney can argue for pretrial release and clearly explain the charges and penalties to you, along with beginning a defense strategy.
• Discovery and pretrial motions: The prosecution shares the evidence it has against the accused. Your defense attorney reviews police reports, lab results, motor vehicle and body worn cameras, and witness statements for defenses such as illegal searches, insufficient chain of custody, and other defenses.
• Negotiations and plea bargaining: Your attorney may negotiate with prosecutors for reduced charges or alternative sentencing. He or she may ask the prosecution to dismiss the charges in certain circumstances.
• Trial: The case goes to trial, where the prosecution presents evidence, and your attorney presents your defense and cross-examines witnesses.
• Sentencing: If the court or jury convicts you, you will go to a sentencing hearing. Your sentence can include jail, fines, or probation. However, if the jury acquits you at the conclusion of the trial, you are free to go.

What Defenses Are Available for Drug Charges in New Jersey?

Some of the defenses include:

• Challenging the legality of the search and seizure under the Fourth Amendment
• Disputing the identification or testing of the alleged drugs
• Questioning the chain of custody of evidence
• Asserting a lack of possession or knowledge of the drugs (constructive possession)
• Invoking valid prescriptions when applicable
• Challenging probable cause for stopping you while in your vehicle, and the scope of consent

Each defense depends on case specifics, and an experienced attorney will thoroughly investigate all aspects to raise reasonable doubt.

What to Expect From Working With Lackey & Miller, LLC

During your initial consultation, you will have the opportunity to discuss your case, including whether you believe law enforcement conducted an illegal search. Your attorney will explain the potential charges you could face and your rights.

You should bring all the evidence you have gathered, in addition to a list of questions to ask and, if you have a copy, your arrest report. Case timelines vary depending on the charges.

Types of Drug Crimes in New Jersey

New Jersey generally groups drug crimes into:

• Simple possession and being under the influence: The prosecution must prove that the drugs were in your possession or that you were high.
• Possession with intent to distribute: The prosecution must prove that you had the intention of distributing drugs. Often, they base it on the amount of drugs in your possession or discovered during a search, and paraphernalia.
• Manufacturing, cultivation, and/or trafficking: The prosecution must prove that you were manufacturing or growing drugs, or that you had enough to traffic. Evidence may include plants, chemicals, scales, cash, and more.

Common New Jersey Drug Charges We Handle (By Statute)

Some of the standard New Jersey drug charges we handle at Lackey & Miller, LLC include:

Unlawful Possession of a Controlled Dangerous Substance (N.J.S.A. 2C:35-10)

Being caught in possession of most illegal drugs or prescription medications without proper authorization is a third-degree crime in New Jersey (N.J.S.A. 2C:35-10). If convicted, these carry a potential penalty of three to five years of imprisonment. Not all drug convictions need to result in jail time. The key to mitigating such drastic consequences begins with the guidance of a qualified criminal defense attorney.

Possession With Intent to Distribute (N.J.S.A. 2C:35-5)

When law enforcement discovers a quantity of drugs exceeding what is usually associated with personal use or uncovers evidence suggesting a person intended to sell the controlled dangerous substances, the potential consequences become significantly more serious (N.J.S.A. 2C:35-5). A conviction for possession with intent to conduct drug distribution can result in a lengthy prison term and carry a substantial fine that may reach figures ranging from five to six digits.

Maintaining a CDS Production Facility (N.J.S.A. 2C:35-4)

Maintaining a drug manufacturing production facility is a first-degree crime, carrying potential long-term jail sentences (N.J.S.A. 2C:35-4). There are defenses to this very significant charge.

In some instances, items used as evidence against you to support prosecution for maintaining a production facility, such as a kitchen scale or plastic bags, may have legitimate noncriminal uses. Alternatively, a search of a residence by law enforcement could also have been unlawful.

Working with an experienced drug crime defense attorney is crucial in this type of charge.

Drug Paraphernalia Offenses (N.J.S.A. 2C:36-2)

Under this statute, it is illegal to use or possess drug paraphernalia for any purpose related to controlled dangerous substances (CDS), including:

• Manufacturing
• Processing
• Ingesting drugs
• Storing drugs

Examples of paraphernalia include pipes, bongs, scales, and baggies. Possession is typically a disorderly persons offense that comes with a six-month jail term and fines. However, it can have long-term consequences, such as a criminal record.

Common defenses involve challenging the intent or actual possession, or disputing the item’s classification as paraphernalia.

Prescription Drug Offenses (N.J.S.A. 2C:35-10.5 and Related Statutes)

These statutes make it illegal to possess, distribute, or obtain prescription medications without a valid prescription or proper legal authority. Offenses can range from disorderly persons misdemeanors to serious indictable crimes, depending on drug type, quantity, and circumstances.

Penalties can include heavy fines, lengthy prison terms, and driver’s license suspension. Defenses may focus on mistaken identity, lawful possession, or procedural errors in arrest or search.

Marijuana/Cannabis Distribution and Over-Limit Possession

While adults can legally possess up to six ounces of marijuana, possessing larger amounts is a criminal offense. Over-limit possession is a fourth-degree crime punishable by up to 18 months in jail and a $25,000 fine. Unlicensed distribution, which is selling or trading beyond the legal gifting rules, carries penalties from written warnings for minor first offenses to first-degree felonies for substantial quantities.

Legal defenses include challenging the evidence chain of custody, unlawful search, or lack of intent to distribute.

Distributing CDS on or Near Certain Public Property (N.J.S.A. 2C:35-7.1)

New Jersey is a densely populated state with many public parks, housing facilities, and public buildings, such as libraries or museums (N.J.S.A. 2C:35-7.1). Distributing CDS within 500 feet of these public areas is a second-degree crime, and a conviction carries a potential penalty of substantial jail time and fines.

Distributing CDS on or Near School Property (N.J.S.A. 2C:35-7)

A charge for selling or distributing controlled dangerous substances on or near 1,000 feet of school property is a grave offense (N.J.S.A. 2C:35-7). As a third-degree crime, the potential for a jail sentence is real. Conviction carries a potential penalty of three to five years of mandatory imprisonment. A strong criminal defense can negotiate a plea agreement with the prosecutor to try to get a jail sentence waived or reduced.

Strict Liability for Drug-Induced Deaths (N.J.S.A. 2C:35-9)

This first-degree crime carries the potential for a substantial prison sentence. This conviction falls under the provision of the No Early Release Act, meaning a significant portion of the sentence must be served before parole eligibility (N.J.S.A. 2C:35-9).

Unlike most other crimes needing proof of intent, this crime does not require the prosecution to prove beyond a reasonable doubt that the dealer intended to cause the death of the user. New Jersey law holds the dealer strictly liable for the death resulting from the drugs distributed.

Drug-induced death cases are extremely complex and challenging, and often require the knowledge of various professionals to present evidence and testimony. You need an experienced drug crime defense attorney to fight this type of case.

Employing a Minor to Distribute Drugs (N.J.S.A. 2C:35-6)

Involving a minor in a scheme to distribute drugs is a second-degree crime. Penalties include mandatory minimums and parole ineligibility. The court may also impose a fine of up to $500,000 or five times the street value of the controlled dangerous substance, whichever is greater.

Distribution to Persons Under 18 (N.J.S.A. 2C:35-8)

Selling drugs to a pregnant female or someone under 17 years of age comes with enhanced penalties, including doubling your prison sentence and fines.

Drug Possession in a Motor Vehicle (N.J.S.A. 39:4-49.1)

If you do not have a valid prescription for drugs classified as Schedule I, II, III, IV, or V, and you have these drugs in a motor vehicle, you may incur a fine of at least $50.

Advertising Drug Paraphernalia (N.J.S.A. 2C:36-4)

It is a fourth-degree crime to advertise drug paraphernalia for sale.

What is the Drug Kingpin Law in New Jersey?

New Jersey is extremely tough on drug trafficking, especially if police charge you as a leader of a narcotics trafficking network under N.J.S.A. 2C:35-3, which is a first-degree offense. N.J.S.2C:35-12 addresses these crimes by handing out stiff penalties. Convictions can include life in prison with a mandatory 25 years served before being eligible for parole. Financial penalties include $750,000, but if the street value of the drugs involved in the case is higher, fines can also increase.

How New Jersey Classifies Controlled Dangerous Substances

New Jersey’s drug classification schedules include certain penalties. Schedule I and II drug offenses usually result in penalties for a third-degree crime, though larger-scale distribution can be a second- or first-degree crime.

For lower schedules, the likelihood of fourth-degree penalties or disorderly persons level charges is better, though you still receive criminal penalties.

New Jersey’s schedules include:

Schedule I Controlled Dangerous Substances

Schedule I drugs have the highest potential for abuse and have no accepted medical use in the United States. They include heroin, LSD, MDMA, marijuana (subject to state-specific legal nuances), synthetic cannabinoids, and psilocybin mushrooms.

Offenses involving Schedule I substances carry the most severe penalties under New Jersey’s laws.

Schedule II Controlled Dangerous Substances

Drugs listed as Schedule II substances have high abuse potential, but have recognized medical uses. They include oxycodone, methamphetamine, and morphine. These offenses also come with serious criminal penalties.

Schedule III Controlled Dangerous Substances

Schedule III drugs have a lower potential for abuse than those listed on Schedules I and II. Schedule III also has accepted medical use. These drugs include anabolic steroids, ketamine, and products containing limited narcotics, such as codeine.

Schedule IV Controlled Dangerous Substances

Drugs listed on Schedule IV have a low potential for abuse relative to Schedule III and have accepted medical uses. They include Xanax (alprazolam), Valium (diazepam), and tramadol. Offenses involving these drugs usually come with less severe penalties, but remain criminal offenses.

Schedule V Controlled Dangerous Substances

Substances listed on Schedule V have the lowest potential for abuse and primarily include preparations containing limited quantities of certain narcotics intended for medical use. An example includes cough preparations with limited codeine. Schedule V penalties are generally the lightest among CDS classifications.

Marijuana and Cannabis Charges After Legalization in New Jersey

Adults who are over 21 years of age may possess up to six ounces of cannabis or cannabis products. However, any more than that, unlicensed sales, and underage possession remain criminal.

Those who have more than the law allows for legal possession (large quantity possession), distribute or cultivate marijuana or cannabis, can face second- and first-degree charges. Additionally, marijuana DUI, public use, and prior marijuana convictions may be eligible for relief or expungement under newer laws.

Prescription Drug Crimes in New Jersey

Prescription drug offenses, including possession of a prescribed drug without a prescription, have penalties that could reach second- or third-degree for distribution and other high-level cases. Unauthorized possession, distributing or “sharing” pills, and obtaining these drugs by fraud or forging scripts, including “doctor shopping,” may result in higher penalties under N.J. S.A. 2C:35-10.5. Drugs may include oxycodone, Xanax, Adderall, and fentanyl patches.

What Constitutes a Federal Drug Offense in N.J.?

Federal drug offenses in New Jersey involve a violation of the federal controlled substances laws within the state’s jurisdiction. A federal drug offense differs from state charges in scope, prosecution, and penalties. They often involve larger-scale trafficking, distribution across state lines, import/export crimes, or possession involving federal lands.

U.S. Attorneys prosecute them, and they are subject to federal sentencing guidelines, which are usually harsher than state penalties.

Examples include distribution or possession with the intent to distribute Schedule I or II substances, manufacturing controlled substances, or operating drug trafficking conspiracies. Coordination often occurs between federal and state authorities, but legal processes and defenses can differ, requiring federal criminal defense experience.

What Are the Penalties for Drug Charges in New Jersey?

The severity of penalties for drug-related convictions will depend upon the “degree” of the charge. First-degree is the most serious of the four degrees.

• First-degree drug convictions carry up to 20 years of incarceration (or life imprisonment in some cases), up to $200,000 in fines, and potential loss or suspension of a driver’s license.
• Second-degree drug convictions carry up to 10 years in prison, up to $150,000 in fines, and potential loss or suspension of a driver’s license.
• Third-degree drug charges carry three to five years of incarceration, up to $15,000 in fines, and possible loss or suspension of a driver’s license.
• Fourth-degree drug charges carry up to 18 months of jail time, up to $10,000 in fines, and potential loss or suspension of a driver’s license.
• Disorderly persons offense is the lowest charge. It carries up to six months of county jail time, up to $1,000 in fines, and potential loss or suspension of a driver’s license.

The penalties associated with a first-time drug offense can be severe. It is essential to obtain experienced and strong legal representation in any drug-related criminal case.

Will a First-Time Offender Go to Jail for a Drug Crime in New Jersey?

First-time offenders may or may not face jail depending on the specific charge, circumstances, and the offender’s background. Many non-violent drug offenses, especially possession or low-level distribution, offer penalties for alternative sentencing or diversion programs.

However, serious charges involving large quantities, firearm use, or distribution to minors often carry mandatory jail time. It is imperative that you retain an attorney experienced in negotiating favorable outcomes.

Juvenile Drug Charges in New Jersey

Juvenile court includes the Family Division and focuses on rehabilitation and confidentiality. Charges for drug offenses heard in juvenile court may consist of probation, counseling, community service, and detention for severe cases.

In some instances, convicted juveniles have opportunities for diversion and expungement, but these crimes can still affect school and employment opportunities.

Alternative Sentencing Programs in New Jersey

New Jersey offers various alternative penalties to eligible drug offenders. These penalties allow offenders to work toward rehabilitation and reduce recidivism. The goal of the programs is to address underlying substance abuse issues along with legal penalties.

The N.J. Recovery Court graduates have a re-arrest rate for new indictable crimes of around 14.7 percent over three years, which is significantly lower than typical prison-release recidivism. These programs are also more cost-effective than incarceration and improve treatment access.

Pretrial Intervention (PTI)

This program is for first-time, non-violent offenders. It offers dismissal of charges upon successful completion of treatment and compliance requirements. Requirements include one to three years of court supervision, psychological, drug, or alcohol tests, random urine tests, and a rehabilitation program requirement.

Drug Court (Recovery Court)

Drug court is a court-supervised program that combines judicial monitoring, drug testing, treatment services, and incentives to encourage long-term recovery. It is suitable for repeat offenders or more serious substance abuse issues. Offenders can benefit from counseling and opportunities for help with job training, education, and health care.

Conditional Discharge

A conditional discharge does not impose jail time, but requires meeting certain conditions. Upon completion, the court may dismiss the charges.

Other Diversionary Programs

Other programs, such as community service, counseling, or probation with treatment, may also serve as alternatives, depending on jurisdiction and case circumstances.

Frequently Asked Questions

What Should I Say If the Cops Find Drugs On Me?

If the police find drugs on you, do not say anything. Remaining silent prevents self-incrimination and avoids providing statements that the state can use against you later. Many defendants unintentionally help the prosecution by disclosing details to the police, so it is best to decline to answer questions and promptly ask for an attorney.

What If Law Enforcement Finds Drugs in a Shared Car or Home – Can I Still Be Charged?

Prosecutors may pursue charges based on “constructive possession,” which means they can allege that the accused had control over or access to the drugs, even if not found on the accused.

In shared spaces, defense attorneys focus on issues such as ownership, location, fingerprints, statements, and other evidence to challenge the prosecution’s claims of knowing possession.

How Long Does a New Jersey Drug Case Usually Take?

The length of a drug case in New Jersey varies widely. Most cases take several months to over a year from arrest to resolution, depending on the severity of the offense, whether charges are disorderly persons offenses (Municipal Court) or indictable crimes (Superior Court). Factors such as indictment, discovery, and motion practice also play a part in the length of the case. An attorney can sometimes speed the process by filing motions, gathering records, and negotiating with the prosecutor. Trials and complicated cases may extend the timeline.

How Can a New Jersey Drug Conviction Affect My Immigration Status?

For non-citizens, most drug convictions are deportable or inadmissible offenses under federal immigration law. Even some minor possession cases can result in immigration consequences, risking green cards, visas, or future applications. Non-citizens should contact their attorney immediately to strategize and limit immigration risks.

Can You Expunge a Drug Conviction in New Jersey?

You can expunge certain drug convictions, subject to eligibility requirements such as completion of your sentence, the type of offense, and waiting periods. Certain serious or recent convictions may not qualify.

Your Future Is Worth Fighting for. Don’t Hesitate to Call Us for a Free Consultation.

Facing a drug charge can be a terrifying experience, and the uncertainty of what will happen to you or your family members can be frightening. If you find yourself facing a crime, whether it’s simple possession charges, carrying drug paraphernalia, or a more serious charge, such as drug manufacturing or intent to sell, you need an experienced New Jersey drug crime lawyer.

Lackey & Miller, LLC, located in Cherry Hill, aggressively advocates for New Jerseyans who face criminal drug-related offenses. We represent Camden County, Burlington County, Gloucester County, Atlantic County – all of South New Jersey. To schedule a free case evaluation, please call 856-399-0089 or contact us online.