New Jersey Drug Crime Attorney

If you’re arrested on drug charges, it’s crucial to connect with an experienced New Jersey drug crimes defense lawyer at William Proetta Criminal Law as soon as possible. Our team has decades of experience successfully dismissing and downgrading drug charges. Founding partner William A. Proetta is also one of the top lawyers in the state, having won multiple professional awards including Top 40 Under 40 National Trial Lawyers and a perfect rating on Avvo.

We are committed to fighting for people whose freedoms and livelihoods are on the line due to drug charges. With extensive experience and knowledge of the local criminal justice system, we are ready to put the full force of our legal team to work for you.

To learn more, contact William Proetta Criminal Law today. Our attorneys represent people charged with drug crimes in Ocean, Hudson, Middlesex, and Union counties and across New Jersey. We will provide a free and confidential review of your case. Our goal is to help you understand all of your legal rights and options as well as the role we can play in fighting for your future.

Penalties from Drug Crime Convictions

The sentences for a drug crime in New Jersey can be quite harsh. Some of the potential punishments of the most common charges include:

Drug possession

Possession of narcotics or other controlled dangerous substances is punishable by up to five years in prison, up to $35,000 in fines, drug rehabilitation classes, and loss of driver’s license.

Drug distribution

Drug distribution can be a fourth-, third-, second-, or first-degree crime. Depending on the severity of the crime, it is punishable by anywhere from 18 months to 20 years behind bars and fines of $10,000 to $500,000.

Drug use and being under the influence

As a disorderly persons offense, a conviction for drug use and being under the influence could lead to up to $1,000 in fines. Other punishments include license suspension for six months to two years and court fees.

Drug paraphernalia

Possession of drug paraphernalia is punishable by up to six months in prison, a fine of $500 to $1,000, and driver’s license suspension.

Drug trafficking

A conviction for Leader of Narcotics Trafficking Network carries a potential lifetime prison sentence with the possibility of parole after 25 years. The defendant may also face a fine of up to $750,000, or five times the cost of the controlled substance involved, whichever is higher.

As you can see, even penalties for minor drug crimes can have major implications. In addition to the sentence ordered by the court, you may have a hard time finding a job or securing housing with a drug conviction on your permanent record. That is another reason why it is crucial to hire a seasoned New Jersey drug crime lawyer to handle your case.

Statute of Limitations For Drug Crimes In New Jersey

In New Jersey, the statute of limitations for most drug crimes is five years.

This general rule applies because the majority of drug-related offenses, such as possession, distribution, and manufacturing of controlled substances, are classified as indictable offenses, which are equivalent to felonies in other states.

For most degrees of drug crimes, which are graded as first, second, third, or fourth-degree offenses, the state has five years from the date the offense was committed to file charges. This covers a wide range of crimes, including:

Possession of most controlled dangerous substances (CDS)
Manufacturing, distributing, or dispensing CDS
Possession with intent to distribute
Leading a narcotics trafficking network

Common Types of Drug Crime Cases We Handle

In New Jersey, drug offenses can be charged as indictable crimes (similar to felonies) or as disorderly persons offenses (which are akin to misdemeanors). Defendants who have been charged with a drug crime can be prosecuted by the state or by the federal government, depending on the specifics of the case.

At William Proetta Criminal Law, our New Jersey defense lawyers handle a wide variety of drug crime cases, including those involving:

Drug Possession

In New Jersey, it is illegal for any person to acquire or possess a controlled substance or a controlled substance analog (N.J.S.A. 2C:35-10). However, exceptions exist. If the drug was allegedly obtained via a prescription written by a medical provider, such as for opioids to treat pain, then possession could be lawful. However, it is unlawful to possess more than the prescribed amount or to have access to overlapping prescriptions.

Drug possession charges vary in severity based on the type and amount of drug the offender allegedly possessed. For example, possession of a Schedule I drug like heroin or LSD is charged as a third-degree felony. However, possession of one ounce or less of psilocybin is a disorderly persons offense, which carries a milder penalty.

Drug Distribution

Distributing drugs is also a crime in New Jersey (N.J.S.A. 2C:35-5). It is illegal for any person in the state to create, distribute, or dispense a controlled substance or a controlled substance analog. It is also a crime to possess a controlled substance or a controlled substance analog with the intent to dispense or distribute it to others. Likewise, it is illegal for anyone to create, distribute, or dispense counterfeit controlled substances.

Like drug possession, multiple factors play roles in determining drug distribution charges, including the amount the offender distributed or intended to distribute and the type of drug. Distributing illegal drugs often carries harsh prison sentences, particularly for hard drugs like heroin, cocaine, and methamphetamines.

Drug Use or Being Under the Influence

In New Jersey, it is against the law to use or be under the influence of any controlled dangerous substance or controlled substance analog unless it has been legally prescribed by a doctor as a method of treatment for an injury or illness (N.J.S.A. 2C:35-10b). Drug use and being under the influence is a disorderly persons offense in New Jersey.

Drug Paraphernalia

It is a crime to possess drug paraphernalia in New Jersey (N.J.S.A. 2C:36-2). Possession of drug paraphernalia is considered a disorderly persons offense. Common examples of drug paraphernalia include syringes and hypodermic needles, vials, and pipes. Many people who are charged with drug possession or distribution crimes also find themselves facing a related drug paraphernalia charge.

Drug Trafficking

Drug trafficking is one of the most serious drug-related crimes under New Jersey law (N.J.S.A. 2C:35-3). This offense is technically referred to as “Leader of Narcotics Trafficking Network” and is a crime of the first degree that carries a maximum sentence of life in prison. To secure a conviction, the prosecution must be able to prove that at least two people conspired to create, distribute, or dispense certain drugs (such as heroin and cocaine). The prosecution also has to show that the defendant financed, organized, supervised, and/or managed at least one other individual and that the defendant was a major authority figure in the operation.

2nd Degree Handgun Indictment Dismissed
March 9, 2015

We recently defended a client who had been indicted for second degree Unlawful Possession of a Weapon, second degree Possession of a Weapon for…
Read more
Alcohol and Drug Charges for NJ College Students
November 22, 2018

How Common Is Drug and Alcohol Use Among College Students? Consumption patterns and trends are not all that different between college students and…
Read more
Is Synthetic Marijuana Legal in NJ?
May 30, 2024

Although New Jersey has made marijuana legal for recreational use, the state continues to ban the manufacture, distribution, or possession of any…
Read more

What Are the Common Defenses to Drug Charges in New Jersey?

Depending on the circumstances of your arrest and the charges you are facing, the following defenses could prove effective:

Showing evidence of police misconduct or violations of your constitutional rights such as an unreasonable search or seizure, which could lead to the evidence being suppressed

Entering into a diversionary program, which permits first-time drug crime offenders to avoid a conviction by fulfilling specific requirements

Arguing that you didn’t “knowingly or intentionally” possess a controlled substance

Demonstrating that you did not own the substances that law enforcement seized

Showing that you have a prescription for a certain drug

These are just a few of the defenses that you could potentially present to the court. A New Jersey drug crime attorney at William Proetta Criminal Law can determine which of these applies to your case or if a different strategy could be more effective.

Why Choose Our New Jersey Drug Crime Attorneys to Take on Your Case?

If you have been arrested for a drug crime, the first thing you should do is contact a criminal defense attorney who has handled similar cases to yours. Having an experienced New Jersey drug crime attorney serve as your personal advocate can significantly improve your chances of securing a positive outcome in your case.

At William Proetta Criminal Law, we pride ourselves on our:

Experience –We have handled thousands of criminal defense cases throughout New Jersey and have extensive experience successfully defending clients against drug-related charges. We will provide you with the savvy legal advice and support you need at this critical juncture using our decades of experience.
Strong reputation –Our team of legal professionals is known across New Jersey for our tenacity, our commitment to our clients, and the favorable outcomes we have diligently pursued on their behalf. We know the local prosecutors, judges, and nuances of the court systems. Our lawyers have received perfect ratings on Avvo and are National Top 40 Under 40 certified.
Personalized attention –You will never be just another case to us. Each and every client our law firm takes on gets the personalized attention they deserve. Our compassionate criminal defense lawyers will help you understand your legal options and determine the best course of action for your unique situation.
Devotion to justice –We will do everything in our power to seek justice on your behalf. We will fight for your freedom at the negotiating table and fiercely defend your rights in court. We understand the implications of a drug-related conviction and will work tirelessly for you.

The consequences of a drug conviction can haunt you for a lifetime. Even minor offenses can carry harsh penalties. At William Proetta Criminal Law, our attorneys will fight fiercely for the charges against you to be reduced or dropped.

We will consider all possible options, including a conditional discharge and rehabilitation programs. If a plea deal is in your best interests, we will negotiate for minimal penalties. If you want to take your case to trial, we will be ready to fight tooth and nail for you.

Can my Drug Crime Be Expunged?

In New Jersey, a significant number of drug-related convictions can be expunged, allowing individuals a chance to clear their criminal record. Offenses like possession of a controlled substance, possession of paraphernalia, and many marijuana-related crimes are generally eligible for expungement, with recent legislation making it easier than ever to clear past marijuana charges.

However, more severe crimes are typically excluded from this relief. Specifically, convictions for first or second-degree drug distribution and leading a narcotics trafficking network are barred from expungement, though a narrow exception may exist for some third or fourth-degree distribution offenses if deemed in the public interest.

We can help expunge your records, if any, and advise you on the best course of action if you’ve been charged recently.

Understanding New Jersey Drug Laws

New Jersey places controlled dangerous substances in five schedules:

Schedule I – These drugs have a high potential for abuse and are generally not used to treat any medical condition. Heroin, methamphetamine, LSD/acid, and ecstasy/MDMA/molly are all Schedule I drugs.
Schedule II – These drugs have a high potential for abuse but also have legitimate medical uses. Because many substances in Schedule II can lead to dependence, there are significant restrictions on the use of these drugs for treating medical conditions. Schedule II drugs include prescription medications like oxycodone/Percocet, hydrocodone/Vicodin, Methadone, morphine, Adderall, and Ritalin. Cocaine is also a Schedule II drug.
Schedule III – While some Schedule III drugs have the potential to be abused, New Jersey deems that risk lower than with substances in Schedules I and II. These drugs include ketamine, steroids, and suboxone.
Schedule IV – Common Schedule IV drugs, which have a lower potential for abuse than drugs in the preceding three categories, include benzodiazepines (Ativan, Klonopin, Xanax) and barbiturates.
Schedule V – Drugs listed in Schedule V have the lowest potential for abuse of all scheduled drugs. These substances include up to 200 mg of codeine, up to 100 mg of opium, up to 50 mg of ethylmorphine, up to 100 mg of dihydrocodeine, and up to 2.5 mg of diphenoxylate.

Talk to a New Jersey
Drug Crime Lawyer Now

Get Your Free Case Review

Get Advice from an Experienced New Jersey Drug Crime Lawyer Today

If you have been charged with a drug crime in New Jersey, contact William Proetta Criminal Law right away. We have the resources and experience to help you fight for the best possible outcome in your case. Time is of the essence. So get in touch with our New Jersey drug crime attorneys today for a free case review.