Drug Charges Attorney Summit, New Jersey

Have you or a loved one been arrested or charged with a drug offense in Summit, New Jersey? The consequences of a drug conviction can be devastating, impacting your future, freedom, and reputation. Brett M. Rosen, Esq. is committed to providing aggressive, strategic defense against all types of drug charges. We understand the complexities of New Jersey drug laws and will fight tirelessly to protect your rights and minimize the potential penalties.

Why Choose Brett M. Rosen for Your Summit Drug Case?

• Local Experience: We have extensive knowledge of Summit’s court system and local law enforcement practices.
• Proven Results: Our firm has a successful history of defending clients against drug charges, often leading to reduced charges or dismissed cases.
• Compassionate Advocacy: We recognize the sensitive nature of drug cases and provide support throughout the process.
• Strategic Defense: We develop personalized strategies tailored to the unique circumstances of your case.

Common Drug Charges in Summit, NJ

• Possession: Having illegal drugs on your person or in your control.
• Possession with Intent to Distribute: Possessing drugs with the intent to sell or share them.
• Distribution or Sale: The act of selling or providing drugs to others.
• Manufacturing: The production or cultivation of illegal substances.
• Drug Paraphernalia: Possessing items used for drug consumption (e.g., pipes, needles).
• Prescription Drug Fraud: Obtaining or distributing prescription drugs illegally.

Potential Consequences of Drug Convictions

The penalties for drug offenses in New Jersey can be severe, including:

• Jail Time: Sentences can range from months to years, depending on the type and quantity of the drug, as well as any prior offenses.
• Fines: Fines can be hefty, adding financial strain.
• Probation: This can involve drug testing, counseling, and other restrictions.
• Criminal Record: A conviction can limit employment, housing, and educational opportunities.
• Loss of Driving Privileges: Some drug convictions can lead to license suspension.

Important Considerations:

• Aggravating Factors: Penalties can be enhanced for factors like selling drugs near schools or to minors, using a weapon during the offense, or having a prior criminal record.
• Mitigating Factors: A judge may consider factors like your lack of prior criminal history, cooperation with authorities, or participation in drug treatment programs when determining sentencing.
• Specific Case Details: The exact charges and potential penalties will depend on the specific circumstances of your case.

New Jersey Drug Schedules:

• Schedule I: High potential for abuse, no accepted medical use (e.g., heroin, LSD, ecstasy)
• Schedule II: High potential for abuse, accepted medical use with severe restrictions (e.g., oxycodone, fentanyl, meth)
• Schedule III: Moderate potential for abuse, accepted medical use (e.g., ketamine, steroids)
• Schedule IV: Low potential for abuse, accepted medical use (e.g., Xanax, Valium)
• Schedule V: Low potential for abuse, accepted medical use (e.g., cough syrups with codeine)

Disclaimer: This is a general overview and not a substitute for legal advice. Please consult with an attorney to discuss your specific case.

Defenses Against Drug Charges in Summit, NJ

Drug charges in New Jersey, even in a municipality like Summit, can have serious consequences. It’s crucial to have an experienced attorney like Brett M. Rosen, Esq. on your side to explore every possible defense. Here are some common defenses that might be applicable to your case:

• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights during the arrest or search, evidence may be inadmissible.
  • Illegal Stop: The police must have a valid reason to stop you, such as reasonable suspicion of criminal activity. If the stop was unlawful, any evidence obtained as a result could be suppressed.
  • Illegal Search: Even if the stop was legal, the police generally need a warrant or probable cause to search you or your vehicle. If the search was illegal, the evidence found could be inadmissible in court.
  • Lack of Consent: If you did not consent to a search, and the police did not have a warrant or probable cause, any evidence found could be suppressed.
• Lack of Knowledge or Control: You may not have been aware of the presence of drugs or had control over them. If you were unaware that drugs were present (e.g., in a shared vehicle or a friend’s bag), you might be able to argue that you didn’t possess them.
• Entrapment: If law enforcement induced you to commit a crime you wouldn’t have otherwise committed. If law enforcement induced you to commit a drug offense that you wouldn’t have otherwise committed, you might be able to argue entrapment.
• Duress: If you were forced to possess or transport drugs under threat of harm, you might have a duress defense.
• Chain of Custody Issues: The prosecution must demonstrate a proper chain of custody for the evidence, showing that it was handled correctly and not tampered with. Any breaks in the chain of custody could cast doubt on the evidence. If the handling of evidence was improper, it can be challenged.
• Insufficient Evidence: The prosecution may not have enough evidence to prove your guilt beyond a reasonable doubt.
• Medical Necessity: If you had a valid prescription for the drugs in question, it could be a defense, although you must be able to prove the prescription was valid and that you were using the drugs as prescribed. If you have a valid medical marijuana card, your possession may be legal.
• Not a Controlled Substance: The prosecution must prove that the substance in question is actually a controlled dangerous substance as defined by New Jersey law. If there’s any doubt about the substance’s identity or composition, it could be a defense.

Frequently Asked Questions (FAQs)

• What should I do if I’m arrested for a drug offense?
  
  • Remain silent and ask for a lawyer immediately. Do not answer any questions or consent to any searches without legal counsel.
• Can I be charged with possession even if the drugs weren’t on me?
  
  • Yes, you can be charged with “constructive possession” if the drugs were in your control or within your reach.
• Are there any drug diversion programs in Summit?
  
  • Yes, New Jersey has pre-trial intervention (PTI) and conditional discharge programs for first-time offenders.
• Can a drug charge be expunged from my record?
  
  • In some cases, yes. New Jersey has expungement laws, but eligibility depends on the type of offense and your criminal history.
• How long does a drug case take in Summit?
  
  • The length varies depending on the complexity of the case, the court’s schedule, and whether the case goes to trial.
• What is the difference between a misdemeanor and a felony drug charge?
  
  • Misdemeanors are less serious offenses with lower penalties, while felonies carry harsher consequences, including longer jail time.

Additional FAQs 

• What is the difference between simple possession and possession with intent to distribute?
  • Simple possession means having drugs for personal use. Possession with intent to distribute means having drugs with the intent to sell or give them to others. The penalties for intent to distribute are much harsher.
• Can I get my drug charges downgraded or dismissed?
  • It might be possible, depending on the circumstances of your case. An attorney can investigate the case, identify weaknesses in the evidence, and negotiate with the prosecutor for a reduced charge or dismissal.
• What is conditional discharge for drug offenses in New Jersey?
  • Conditional discharge is a program for first-time offenders charged with certain drug offenses. If you successfully complete the program, the charges may be dismissed, and you can avoid a criminal record.
• Where do drug cases in Summit get handled?
  • Drug cases in Summit are typically handled by the Summit Municipal Court for less serious offenses, or the Union County Superior Court for more serious offenses.
• Should I hire a lawyer for a drug charge in Summit?
  • It is highly recommended to hire an experienced drug defense attorney. An attorney can protect your rights, investigate the case, negotiate with the prosecutor, and fight to get the best possible outcome.

Don’t Face Drug Charges in Summit, NJ Alone

If you’re facing drug charges in Summit, you need an experienced, dedicated legal team on your side. Contact Brett M. Rosen, Esq. today for a free, confidential consultation. We’ll listen to your story, answer your questions, and develop a robust defense strategy to protect your rights and future.

Call us at 908-312-0368 or email us brett@nynjcriminalcivilesq.com