What Should I Do When Facing Drug Possession Charges?
Posted March 27th, 2025.
Categories: Uncategorized.
Being convicted of any drug crime in New Jersey can result in severe consequences and penalties. It is crucial that you understand what to do when facing drug possession charges. Read on and speak with a New Jersey criminal defense attorney for skilled representation and legal advice during your case.
What is Drug Possession?
Under New Jersey state law, it is unlawful for a person to “knowingly or purposefully, 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 from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized…”
In laymen’s terms, it is illegal for anyone to physically or constructively have possession of a controlled drug unless it was issued by a practicing doctor in a professional and valid medical setting. A controlled dangerous substance is any drug that has been classified under one of five schedules depending on its potential for abuse and addiction. Examples of controlled dangerous substances include the following.
- Schedule I: Heroin, mescaline, LSD, MDMA, etc.
- Schedule II: Hydrocodone, cocaine, methamphetamine, oxycodone, fentanyl, Adderall, Vicodin, etc.
- Schedule III: Codeine, ketamine, anabolic steroids, testosterone, etc.
- Schedule IV: Xanax, Valium, Ambien, tramadol, etc.
- Schedule V: Diphenoxylate, pregabalin, etc.
If you are caught with any of the above without a valid prescription or lawful reason, you can be charged with drug possession and face a litany of consequences.
What Should I Do When Facing Drug Possession Charges?
When you have been arrested for drug possession charges the most important things you can do are:
- Avoid incriminating yourself
- Hire a criminal defense attorney
- Build an effective defense
Even if you do not do anything else, these three things may keep you out of jail. Drug possession charges can be severe and it is crucial that you understand how best to approach your situation. Oftentimes people incriminate themselves during their arrest or at the police station when answering questions or if they believe they are alone and no one can hear them. Invoke your right to remain silent and do not speak a word without your lawyer present.
Hiring a criminal defense attorney is the best thing you can do to protect yourself and your future. Your attorney will be experienced and have an in-depth understanding of the law. They will be able to evaluate the case and identify any weaknesses in the prosecution’s argument. Before the case goes to trial they can determine all of your options including challenging the evidence, negotiating a plea bargain, suggesting diversion programs, etc.
Another crucial thing your attorney will help with is building an effective defense. If your case goes to trial then a strong defensive strategy is essential. It could mean the difference between a not-guilty verdict and facing harsh penalties like significant fines and lengthy terms of imprisonment.
There are various actions that can be taken and defenses that can be implemented in a drug possession case. If you were arrested for possession, remain calm and contact a criminal defense lawyer at the Law Offices of Mark S. Guralnick to schedule your free consultation today.
