Thursday, May 28, 2015

POSSESSION




Charged with Possession - NJ Criminal Attorney

Charged with Possession of Controlled Dangerous Substance

We have represented numerous clients charged with possession of marijuana, cocaine possession, felony drug charges, and drug trafficking which resulted in either dismissals or probation.  You want the SIMON LAW GROUP to represent you!

We offer flat fees!  Call today for your free consultation  800-709-1131


We have helped other clients:

§  Charged with Heroin possession

§  Client charged with Possession (marijuana possession), charges able to be dismissed

§  Client charged with Felony drug charges for distribution, he was looking at state prison for drug trafficking, reduced to probation

§  Cocaine possession charges, client was found not guilty

§  Methamphetamine charges reduced to probation

Persons found guilty in New Jersey of possession of a controlled dangerous substance, distribution of a controlled dangerous substance, possession of a controlled dangerous substance with intent to distribute, growing marijuana, or possession of drug paraphernalia are subject to an array of consequences.

A conviction typically comes with a suspension of driving privileges.

A conviction always comes with monetary fines.

A conviction can come with a prison or jail term that can range up to a life sentence.

If the police have arrested you for a possession offense, The SIMON LAW GROUP is here to help.  While our primary objection is to avoid conviction, we realize this is not always possible.  In instances where a possession conviction is unavoidable, we will work tirelessly with the prosecutor so that you receive the lightest possible sentence under the law.  Whether you are a first time possession offender eligible for a diversion program or a repeat offender facing imprisonment and no matter which drug you were arrested for possessing, we has the expertise and the resources to provide you with the best possible defense.

Mr. Simon and his team have experience in representing both adults and juveniles charged with possession offenses allows you to rest assured while he plans your defense, negotiates with prosecutors, and ultimately secures a favorable outcome.  Whether your case is in federal, superior, or municipal court, Mr. Simon is ready to put his considerable legal experience to work for you.

When it comes to possession fines can come in two varieties: mandatory and discretionary.  Mandatory fines range from a minimum of $500.00 and can go as high as $4,000.00.  Additionally, the discretionary fines can be as much $300,000.00.  In determining the suspension term, fines, and jail or prison term, a judge will consider many factors.  These include your past record, the type of drug you were arrested with, and the amount of the drug involved.  You should know that for just a single marijuana joint or a few marijuana seeds, the jail sentence from a municipal court in New Jersey could be as much as six months.

First-time possession offenders in New Jersey are often eligible for Pretrial Intervention (PTI) or a conditional discharge.  Conditional discharge and PTI are both "diversion" programs.  Diversion programs are available in all New Jersey state criminal courts.  Federal courts also have a diversion program similar to conditional discharge and PTI.  Admission to diversion programs require you to be placed on probation.  While on probation, you will be subject to random drug screens, fines, fees and other costs.  Typically, there is no trial, guilty plea, and, crucially, no criminal record.  Additionally, you are typically able to retain your New Jersey driving privileges.  After the successful completion of the program, the charges are dismissed.  After a short period, our firm can then have the record of your arrest expunged.

Eligibility for participation in a diversion program depends on many factors.  If you have a previous possession conviction, disorderly persons or petty disorderly person conviction, you are ineligible.  Further, if you were arrested for a large quantity of drugs, or the arrest occurred within a certain distance of a school or public housing project, you are ineligible.  Finally, while diversion programs are not available in juvenile court, other programs that result in no conviction are available. 

If you do not want to enter a diversion program or are ineligible, you and our attorneys will determine whether you should enter a guilty plea or go to trial.  We will work with you in making this decision by examining whether the officer had probable cause to search you, whether the Judge properly issued and officers properly executed the warrant, and whether the police properly maintained the chain of custody.  Based on our considerable experience, we will advise you of how likely you are to succeed at trial. The decision to accept a plea or go to trial ultimately rests with you.

We are conveniently located with offices in Somerville, Flemington, Morristown, Woodbridge, Freehold, Jersey City and Readington Township.  We practice throughout New Jersey and are available to discuss your case with you today.  Call for your free consultation, 1-800-709-1131.

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