Cocaine Possession Defense Lawyer in NJ

By Spodek Law Group | November 8, 2020

Cocaine Possession Defense Lawyer in NJ

A conviction on simple possession of cocaine in New Jersey can get you up to five years behind bars and a fine as high as $35,000. However, with representation from an experienced New Jersey criminal defense lawyer, you could avoid jail and fines if found guilty. Charges against you could even be dismissed.

Act now if you were charged with cocaine possession. We can investigate and build a strong defense.

New Jersey Cocaine Possession Charges

Possession of any quantity of cocaine or its analog (similar drug) is a third-degree indictable crime in New Jersey. Penalties for possession of cocaine and crack are based on:

  1. The weight of the drugs
  2. Where the possession occured
  3. If the drugs were for the suspect’s own use or with intent to distribute

Simple possession of cocaine or crack carries a maximum of 5 years inside.  A presumption against incarceration exists if the defendant has no priors for indictable crimes. Additionally, a suspect charged with third-degree possession is generally eligible for pretrial intervention (PTI) if it’s their first time.

Conviction for manufacturing, distributing or dispensing cocaine carries mandatory jail term and fines. Possessing half an ounce to 5 ounces for distribution carries a maximum of 10 years.  Five ounces or more for distribution carries a maximum of 20 years, of which one third to one half (6.6 to 10 years) must be served.

Fines as high as $75,000 for less than half an ounce to up to $500,000 for more than 5 ounces may be levied.

There are harsher penalties for simple possession or distribution of cocaine in a:

  1. School zone or school bus
  2. Public housing project
  3. Public park

Indictment for cocaine possession in New Jersey is serious, but nothing is written in stone on your arrest or indictment. Numerous steps are in the process ahead.  With proper legal representation, opportunities to avoid harsh penalties or even a verdict of guilt abound.

N.J. Cocaine Possession Charges: Potential Defenses

Events surrounding a charge of simple possession, or possession with intent to distribute cocaine or crack cocaine can become quite convoluted. Although facts in your case can result in exposure to worse penalties, they could also provide additional opportunities to defend you.


There are mumerous possible ways your case could get thrown out, charges could get reduced, or you could be found not guilty.

Your lawyer will investigate the charges against. As former prosecutors, we can spot and challenge weak cases.

Some questions we will seek answers to:

  • Did a officer discover cocaine while patting you down for a weapon?
  • Were you read your Miranda rights upon arrest or detention?
  • Can the “chain of custody” of the cocaine be verified?
  • Are lab results valid, or is there evidence of problems with the lab equipment that returned the results?
  • Is this a case of mistaken identity because of confusion at the time of arrest or a flawed lineup, or were you named in another incorrect manner?

We will leave no stone unturned as we seek and point out errors in the prosecution’s case. It is common for prosecutors to agree to reduce or dismiss cocaine possession charges if they know we are the defense team and have raised valid questions about their case.

Diversion Programs For N.J. Cocaine Possession Cases

New Jersey has two primary diversion programs for nonviolent offenders and first-time offenders.

Pretrial Intervention Program (PTI) places the defendant under court supervision for 1 to 3 years. It could require submission to psychological and/or drug and alcohol evaluations, compliance with treatment programs, and random urine testing. Successfully completing all conditions of PTI, can reduce charges or keep your record clean.

Drug Court is a probation that imposes intensive supervision in the form of frequent drug testing and court appearances, and tightly structured regimens of treatment and recovery programs. Participants can also get counseling and other resources to help them with job training, education and health care.

These are serious programs for people who have a real desire to deal with drug abuse issues. We can advise you about possible entry into PTI or Drug Court.

Additionally, New Jersey’s veterans diversion program for active and retired members of the military, including the reserves, can help those accused of nonviolent crimes and diagnosed with a mental illness, or have demonstrated such symptoms to law enforcement, friends or family members. You can avoid trial, and if you complete the program successfully, charges can get expunged from your record.

. There are many opportunities for positive outcomes if you have an experienced and hard-working criminal defense team on your team. Call our N.J. drug defense attorneys today to learn how we can help.


Talk to Our N.J. Defense Attorneys About Your Cocaine Charges

There is much at stake if you were charged with cocaine possession in New Jersey, but an arrest or indictment does not have to result in a guilty verdict. Reach out to our respected New Jersey drug crime attorneys today for a free legal consultation.

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