Cocaine Possession

The Moriarty Law Firm has been representing individuals facing all types of drug related charges throughout all of New Jersey. If you or someone you know is in trouble, we can help you beat your cocaine possession, marijuana possession, or possession of drug paraphernalia charges. Come meet with us at our Monmouth County New Jersey office. The initial consultation is always free of charge.

Cocaine Possession Charges in NJ: N.J.S.A. 2C:35-10

§ 2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226. Any person who violates this section with respect to:

(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A.

2C:43-3, a fine of up to $ 35,000.00 may be imposed;

Charges for simple possession of cocaine are typically third degree offenses. These types of matters will be handled at the county level. Further, there are enhanced penalties if you were charged in a school zone or near a public housing facility or park. However, first offenders may be eligible for New Jersey’s Pre-Trial Intervention Program. If you successfully complete the supervisory period of PTI, you can avoid a permanent criminal charge on your record. There are many ways to defend and potentially beat your drug charges. Contact The Moriarty Law Firm today to to discuss your options.

NJ Cocaine Possession with Intent to Distribute: N.J.S.A. 2C:35-5

§ 2C:35-5. Manufacturing, distributing or dispensing

a. Except as authorized by P.L. 1970, c. 226, it shall be unlawful for any person knowingly or purposely:

(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or

(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

b. Any person who violates subsection a. with respect to:

(1) Heroin, or its analog, or coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, or analogs, except that the substances shall not include decocainized coca leaves or extractions which do not contain cocaine or ecogine, or 3,4-methylenedioxymethamphetamine or 3,4-methylenedioxyamphetamine, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. The defendant shall, except as provided in N.J.S.A. 2C:35-12, be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-3, a fine of up to $ 500,000.00 may be imposed;

(2) A substance referred to in paragraph (1) of this subsection, in a quantity of one-half ounce or more but less than five ounces, including any adulterants or dilutants is guilty of a crime of the second degree;

(3) A substance referred to in paragraph (1) of this subsection in a quantity less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A.

2C:43-3, a fine of up to $ 75,000.00 may be imposed;

The degree of offense under N.J.S.A. 2C:35-5 is based on the weight of the drug in your possession. If you are caught with five (5) ounces or more, it is a first degree offense. If you are caught with less than five (5) ounces but more than one-half ounce, you will be charged with second degree cocaine possession with intent to distribute. If you are caught with less than one-half ounce of cocaine and you are charged with intent to distribute, this is a third degree offense. Please contact the experienced criminal defense lawyers at the Moriarty Law Firm for additional information regarding your New Jersey drug charges.

Criminal charges can be brought in either the Municipal or Superior court. The more severe the criminal charges the more likely they are to be handled in Superior Court, while minor charges are typically resolved in Municipal Court. We have a well deserved reputation for being the best in both arenas.

The severity of your charges is a determination made by the State and is usually based on a variety of factors. Penalties will vary based on the degree of the crime and whether or not there was a criminal conspiracy involved.

Call (732) 842-7773 to speak with one of the Moriartys 24 hours a day, 7 days a week to discuss your charges or you can contact us by e-mail to schedule a free initial consultation.