Facing Possession of CDS Charges in Ocean Township, New Jersey
If you have been arrested on a drug possession charge in Ocean Township, New Jersey, you probably want to know your options. Being informed about how possession of a controlled dangerous substance (CDS) charges are handled in the township, what consequences you are facing, and strategies that may be used to successfully resolve your case, can be your first line of defense. If arrested in Ocean Township for drug possession, the Ocean County Prosecutor’s Office may charge you with crimes of the first, second, third or fourth degree in the Ocean County Superior Court, or you may be charged with a disorderly persons offense, in which case your drug charges will be handled in the Ocean Township Municipal Court in Waretown. A top criminal defense attorney familiar with the Ocean Township Municipal Court in Waretown and Ocean County Superior Court in Toms River may be able to get your drug possession charge reduced to a lesser charge, dismissed due to violations of your rights or evidentiary issues, or assist you in securing entrance into a diversionary program like Conditional Discharge or Pre-Trial Intervention (PTI). The Ocean Township drug possession lawyers at Proetta & Oliver can explain more in a free consultation about your case. Simply contact our local law office at (848) 238-2100 to speak with a knowledgeable drug charge defense attorney who can advise you of your rights and outline your available options.
Ocean Twp Drug Possession Charges
It is illegal in New Jersey to possess controlled dangerous substances (CDS), or their simulations and additives, without a prescription. A controlled dangerous substance is defined by The Controlled Substances Act as a Schedule I, II, III, IV or V drug, as determined by its safety, abuse and addiction potential, as well as its viable medical uses.
Schedule I drugs, like heroin, LSD, marijuana, and Ecstasy are defined by the federal government as dangerous drugs having high potential for abuse and addiction and little to no acceptable medical use.
Schedule II drugs, like cocaine, methamphetamine, oxycodone, fentanyl, and Ritalin, are also considered high abuse and addiction drugs but less than Schedule I drugs.
Schedule III drugs are low or moderately risky for dependence and abuse but more so than Schedule IV drugs. These include Vicodin, Tylenol with codeine, anabolic steroids and testosterone.
Schedule IV drugs or low risk drugs for abuse or addiction are Xanax, Valium, Ambien, Darvocet, and Ativan.
Schedule V, the lowest risk level, are usually over the counter type drugs for ordinary ailments like diarrhea, colds and allergies (for example cough syrup).
Penalties for Possession of a Controlled Dangerous Substance in Ocean Township
Drug possession charges fall into one of several grades or degrees—first, second, third, fourth degree crimes or disorderly persons offenses—depending on the drug and quantity in possession. First degree crime sentences range from 10 to 20 years in state prison with a fine of up to $200,000.00. Second degree crime sentences range from 5 to 10 years with a fine of up to $150,000.00. Third degree crime sentences range from 3 to 5 years imprisonment with a fine of up to $15,000.00. Fourth degree crime sentences may include up to 18 months in prison with a fine of up to $10,000.00. When it comes to disorderly persons offenses, these sentences may land someone in jail for up to 6 months with a fine of up to $1,000.00.
A Schedule I, II, III or IV drug possession is typically a third degree crime with a potential fine of up to $35,000.00, but the amount in possession may up or downgrade the crime degree. For example, possession of more than 50 grams of marijuana or 5 grams of hashish is a fourth degree crime with a potential fine of up to $25,000.00, while possession of less than 50 grams of marijuana or 5 grams of hashish is a disorderly persons offense. The degree of crime for possessing a controlled dangerous substance (CDS) with the intent to distribute is likewise dependent on the substance and amount.
Anyone in possession of CDS on or within 1000 feet of a school or on a school bus will also do minimally 100 days of community service, and anyone under influence of an unprescribed CDS is guilty of a disorderly persons offense. Moreover, showing signs of being under the influence of a CDS is enough to be convicted of a disorderly persons offenses, and even if a person unknowingly comes to possess CDS, they are guilty of a disorderly persons crime if they don’t turn the illegal substance or substances over to law enforcement (also known as Failure to Make a Lawful Disposition). Lastly, possessing drug paraphernalia is a disorderly person’s offense.
Drug Investigations & Arrests in Ocean Township, New Jersey
Ocean Township, or Waretown as the locals call it, is a pleasant seaside town in Ocean County, New Jersey, popular for its hunting and fishing, with notables like Babe Ruth and two former Presidents, Grover Cleveland and William McKinley, hunting and fishing here. With a growing population of more than 8,925 residents, this 21.1 square mile township comprises one of the 56 municipalities in the 1,100,000-acre, unique ecological conservation grounds, Pinelands National Reserve, the first U.S. Nature Reserve. It is also home to Waretown Municipal Dock, Sands Point Park, Albert Music Hall, the Lighthouse Center for Natural Resource Education, and Wells Mills County Park, the largest county park of over 900 acres of forest.
Though this quaint coastal town of natural splendor seems pristine, it is not immune to the problems of the rest of Ocean County and the state of New Jersey, namely drug trafficking, addiction and drug possession. In fact, last year was notable in Ocean Township for major drug busts, including cocaine, Xanax tablets, marijuana, heroin and prescription drugs. One notable operation, dubbed Operation On the Ropes, conducted by numerous federal and state agencies, including the Ocean County Prosecutor’s office, led to the arrest of over a dozen individuals in Bergen, Monmouth and Ocean Counties, the confiscation of thousands of THC-infused edibles, and the forfeiture of over 2.5 million dollars in assets of the suspects. The recent drug busts by Ocean Township and Ocean County’s law enforcement are sending the message that they are serious about drug possession, just like the rest of New Jersey. Dealers and users face long prison times and high fines, making it all the more essential to present an effective defense against drug charges.
Consult an Ocean NJ Drug Possession Lawyer to Discuss Your Case
Being charged with possession of CDS in Ocean Township, New Jersey is no small issue to be taken lightly. Seeking help, answers, and aggressive representation from an experienced Ocean Twp Drug Possession Defense Lawyer can put you on solid footing when facing the aggressive prosecutors who represent the state. For more information and to speak with an attorney who can advise you when facing drug possession, call (848) 238-2100 today.
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