Totowa NJ Cocaine Charges Lawyer
Cocaine Possession and Distribution Attorneys Passaic County, New Jersey
Cocaine is a Schedule I Narcotic which makes it a dangerous substance that can pose a potential threat to the community and the lives of its residence. Prosecutors will pursue these cases rigorously and to the full extent of the law. Speaking to an experienced and respected cocaine defense lawyer is a very important and potentially life altering decision, especially when facing serious charges and sentence guidelines that include the potential for an extended period of incarceration. The attorneys at Del Sardo & Montanari vigorously protect the rights of their clients across Wayne, Clifton, Totowa, Little Falls, Woodland Park, and throughout Passaic and Essex counties.
At Del Sardo & Montanari, Michael J. Montanari is the Managing Partner who heads the Criminal Department. Michael has over 16 years of of experience handling criminal and drug charge cases including heroin possession and distribution, marijuana possession and distribution, and being under the influence of drugs in public. He has earned an excellent reputation as a zealous advocate for his clients in and out of the courtroom. Michael has been honored with inclusion in the Super Lawyers Rising Stars List which is a very prestigious list of attorneys that is represented by 2.5% of all nominees. The attorneys are evaluated based on 12 indicators of peer recognition and professional achievement.
With those type of accolades and a reputation across all courts in Passaic and Essex Counties, Del Sardo & Montanari prides themselves on deliver sound legal advice and one-on-one legal service. Personal relationships with each individual client is necessary for our team of attorneys to be able to conduct extensive research, form a solid strategy, and execute in the courtroom. To discuss your case with one of our knowledgeable criminal defense attorneys today, contact our offices at 973-233-4396 or toll free at 888-877-7985 for a free consultation. You can also reach us via email via the intake form on our contact us page.
Cocaine Possession Charges in New Jersey: N.J.S.A. 2C:35-10(a)(1)
Possession of cocaine is a criminal offense in New Jersey governed by N.J.S.A. 2C:35-10(a)(1), which provides:
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;
Cocaine Possession Penalties In New Jersey
New Jersey is very strict when it comes to possessing any amount of narcotics, especially within a culture plagued by the overwhelming impact of a serious overdose epidemic. All drug charges are indictable and prosecutors can pursue a 3 to 5 year state prison sentence, no matter how small the quantity of the narcotic. As the quantity of cocaine at the time of arrest increases, directly correlates to the classification or degree of the crime; ranging from third to second to first degree charges. First degree drug charges carry the longest potential prison sentence, followed by second degree, and third degree carries the lowest penalties and potential incarceration.
Passaic County NJ Distribution of Cocaine- N.J.S.A. 2C:35-5
Distribution of cocaine offenses in New Jersey are governed by N.J.S.A. 2C:35-5. The charge is graded based on the amount of the drug (in this case cocaine) associated with the alleged offense:
- First degree distribution – Possession of five (5) ounces or more of cocaine with intent to distribute. This is punishable by 10 to 20 years in New Jersey State Prison, and there is a presumption of incarceration for first time offenders.
- Second degree distribution – Possession of more than one-half ounce but less than five (5) ounces of cocaine with intent to distribute. This is punishable by five (5) to ten (10) years in New Jersey State Prison, and there is a presumption of incarceration for first time offenders.
- Third degree distribution – Possession of less than one-half ounce of cocaine with intent to distribute. This is punishable by three (3) to five (5) years in New Jersey State Prison, and there is a presumption of non-incarceration if the defendant has no prior criminal history. NOTE: This means that you could receive a probationary sentence if you are convicted of third degree possession of cocaine with intent to distribute as long as you have no prior criminal record.
Contact a Wayne New Jersey Cocaine Charges Lawyer for a free consultation
If you or a loved one has been charged with possession or distribution of cocaine finding reputable representation is imperative to aggressively protect your rights and fight for your freedom. Contact the experienced criminal defense attorneys at Del Sardo & Montanari today to receive your free initial consultation. Once retained, each case is treated like their only case. DS&M understand the delicate nature of each stage of the criminal justice process; the decisions you make will not only affect your freedom but can shape your future.
Call us today at 973-233-4396 or toll free at 888-877-7985. One of our knowledgeable lawyers will be happy to discuss your case in detail and explain the legal options that are available to you.