If you have been charged with possession of cocaine, it can be a terrifying time as your freedom is at stake. However, you don’t have to face it alone. An experienced Bergen County Drug Possession Defense Attorney can help fight to protect you from an uncertain future. Please continue reading to learn the potential penalties you could face for this criminal offense in New Jersey.
What Are the Penalties for Cocaine Possession in New Jersey?
Under New Jersey law, cocaine is classified as a controlled dangerous substance. However, under federal statutes, it’s classified as a Schedule II drug. As such, the state of New Jersey considers possessing any amount of cocaine as a third-degree indictable offense.
The penalties for cocaine possession include a fine of up to $35,000, a prison sentence of anywhere between three to five years, and, depending on the circumstances of the arrest, you may face a driver’s license suspension for as long as six months. However, it’s essential to understand that you may be facing heightened penalties if you are charged with selling or trafficking cocaine in New Jersey. The following include, but are not limited to, some of the penalties you could face:
- If you were charged with selling 0.5 ounces or less of cocaine, this crime is punishable by a fine of up to $75,000 and a prison sentence between three to five years.
- If you were charged with selling between 0.5 ounces and five ounces of cocaine, this crime is punishable by a fine of up to $150,000 and a prison sentence between five and 10 years.
- If you were charged with selling over five ounces of cocaine, this crime is punishable by a fine of up to $500,000 and a prison sentence between 10 and 20 years.
- If you were charged as a leader of a cocaine trafficking network, this crime is punishable by a fine of up to $500,000 and a life sentence in prison with a minimum of 25 years before parole eligibility.
- The sale or distribution of cocaine within 1,000 feet of a school or while on school property may lead to a fixed prison term and additional fines of up to $100,000.
- The sale or distribution of cocaine to a minor or pregnant woman may double the standard penalties imposed by the court.
Under limited circumstances, the New Jersey judicial system offers treatment and rehabilitation for non-violent drug offenders with no prior criminal record as part of a drug court program. This diversion program can potentially help you avoid jail time. In this program, specialized drug court judges work alongside defense attorneys, probation officers, and treatment professionals to facilitate recovery. Registered participants generally receive probation instead of a prison sentence but must provide regular drug testing and make mandatory court appearances.
When can cocaine charges be dropped in New Jersey?
In some circumstances, a cocaine possession or distribution charge may be dropped by the prosecution. This is often the result of:
- Incorrectly completed legal documents by law enforcement
- Evidence seized unlawfully
- Lost evidence
- Issues with the chain of custody of evidence
- Lack of probable cause
Under the Constitution, Americans are shielded from unreasonable searches and seizures. For example, if you are arrested for cocaine possession stemming from a traffic stop, your charges may be dropped if the court finds the initial stop was unconstitutional, such as lacking probable cause for the stop.
This is also applicable if your vehicle is searched without a warrant, your consent, or probable cause. Evidence obtained through these means may be deemed inadmissible, ultimately weakening the prosecution’s case and potentially leading to the dismissal of charges.
If you’ve been charged with cocaine possession, distribution, or another drug-related offense in New Jersey, please don’t hesitate to contact a trusted Bergen County criminal defense attorney who can protect your rights while promoting a vigorous defense. At The Law Office of Carl Spector, we will help you explore all avenues to have the charges reduced or dismissed. Allow our firm to effectively represent your interests and defend your rights.