Having certain drugs and narcotics, even prescription ones, might be illegal. People can be criminally charged simply for having these substances in their possession.
Narcotics and other drugs are legally referred to as controlled substances and are classified based on severity. There are a total of 5 classifications, known as Schedules, and possession of a higher-Schedule drug or narcotics might mean more severe criminal charges and penalties. There are several ways to defend yourself against these charges, although the best way depends on your unique situation. If the drugs were seized by the police illegally, they cannot be used in court, and the case against you is greatly hindered. You must also be mindful of other possible charges often connected with possession. Crimes like unlawfully manufacturing or distributing controlled substances tend to go hand-in-hand with possession.
If you have been charged with possession or a related drug crime, our Cherry Hill drug and narcotics possession lawyers can fight to protect your rights and challenge the case against you. Call the Lombardo Law Group, LLC at (609) 445-4300 to schedule a free case review.
How Drugs and Narcotics are Classified in Cherry Hill
Drugs are classified into different Schedules based on their severity. A particular drug’s seriousness or severity is determined by several factors, including its potential for abuse and risk for dependency. Additionally, whether the drug has legitimate medical uses is also considered. Our Cherry hill drug and narcotics possession lawyers can help you determine how the alleged drugs in your case are classified.
There are 5 drug Schedules in New Jersey. Schedule V drugs are the least serious of these classifications. They tend to have the lowest risk of abuse and dependency and may have more medical uses than other controlled substances. Schedule I drugs are the most serious, have the greatest risk of abuse and dependency, and have few legitimate medical uses.
While many drugs and narcotics are classified as controlled substances and found in one of these drug Schedules, not all are completely illegal. Many prescription drugs are powerful narcotics found in higher-tier drug Schedules. Even though they serve legitimate medical purposes, they can be dangerous if misused. Possessing these substances without a valid prescription may lead to criminal charges for possession.
Criminal Charges for Possession of Narcotics and Drugs in Cherry Hill
Criminal charges for illegally possessing drugs and narcotics can be found under N.J.S.A. § 2C:35-10. Under this statute, numerous different charges may be assessed for drug possession. Your specific charges will depend on what kind of drugs were allegedly involved and, in some cases, the quantity of said drugs. Our Cherry Hill drug and narcotics possession attorneys can assist in reviewing and challenging the charges against you.
The law makes it clear that it is illegal to knowingly possess controlled substances unless specific exceptions apply. These exceptions tend to revolve around medical treatment, such as having a prescription or being a pharmacist who is licensed to possess dangerous controlled substances.
The illegal possession of controlled substances under Schedules I through IV may be charged as a third-degree indictable crime – similar to a felony charge in other states) – unless a separate statute or rule applies to the specific drugs involved. Defendants may be fined up to $35,000 and incarcerated for at least 3 but no more than 5 years.
As mentioned, Schedule V controlled substances are a bit less severe in the eyes of the law, and possession may be charged as a fourth-degree indictable crime. Convicted defendants will face a fine of up to $15,000 and a possible prison term of up to 18 months.
Defenses for Drug and Narcotics Possession in Cherry Hill
After being arrested for drug and narcotic possession, you should call an attorney as soon as possible. If you can begin working with a lawyer on your case sooner, your lawyer will have a better chance of mounting a strong defense. Our Cherry Hill drug and narcotics possession lawyers are prepared to defend you in court and protect your rights from the overreach of law enforcement.
One method we can take is to suppress evidence collected by the police. When the police conduct searches and seize evidence, they must follow very strict rules and procedures. Search warrants are always required unless there is a unique exception to the warrant rule. If the police seized the drugs in your case without a valid warrant or exception, we can suppress the drugs.
Suppressed evidence is not allowed to be heard by a jury in court at all. In drug possession cases, the drugs themselves are the lynchpin holding the prosecutor’s case together. Without this evidence, the case against you becomes very weak, and we may be able to convince the prosecutor to make a better plea deal or drop the charges.
Another defense strategy is to challenge the elements of the crime. For possession charges to stick, the defendant must knowingly possess the drugs or narcotics. If you had drugs in your possession but were unaware of their existence, we can challenge the charges and move to get them dropped. Perhaps someone else hid the drugs in your car or home where the police found them. Whatever the case, talk to a lawyer as soon as possible.
Other Possible Criminal Charges Related to Drug and Narcotics Possession in Cherry Hill
People charged with possession are often also charged with other drug-related offenses. This is sometimes the result of prosecutors overcharging defendants with the intention of adjusting or reducing charges later if needed. Other times, the charges are simply baseless, and there is little evidence showing anything other than possession. Our Cherry Hill drug and narcotics possession lawyers can help you handle any other drug charges in addition to those for possession.
Common other charges include manufacturing and distributing drugs. Simply having drugs is not enough to justify charges for producing or selling them. There must be other evidence to suggest that additional charges are warranted. If the police and prosecutors cannot articulate this evidence, we can hopefully have these extra charges dismissed.
Call Our Cherry Hill Drug and Narcotics Possession Lawyers for Assistance
Charges for drug possession are serious on their own, but the situation becomes dire when additional charges are piled onto the case. Our Cherry Hill drug and narcotics possession lawyers know how to fight these charges and can help you. For a free case assessment, call the Lombardo Law Group, LLC at (609) 445-4300.
