Drug Charge Attorney Roselle Park, NJ

Drug Charge Attorney Roselle Park, NJ

A drug charge in Roselle Park, New Jersey, can have devastating consequences, including jail time, hefty fines, and a lasting criminal record that can impact your future. Don’t face this alone.

Brett M. Rosen, Esq., is a leading criminal defense attorney in New Jersey with a proven track record of success in defending clients against drug charges in Roselle Park and throughout Union County. He’s certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This distinction is held by approximately less than 1% of attorneys in New Jersey. for five consecutive years, he’s been selected to Thomson Reuters Super Lawyers Rising Stars list. Only 2.5% of attorneys are selected to this list in New Jersey. Our team of skilled attorneys understands the complexities of New Jersey’s drug laws and the specific challenges faced by individuals charged in Roselle Park. We are committed to providing aggressive representation, compassionate support, and personalized legal strategies to protect your rights and achieve the best possible outcome.

Why Choose Brett M. Rosen, Esq. for Your Roselle Park Drug Charge Defense?

• Local Expertise: We have extensive experience handling drug cases in Roselle Park Municipal Court and Union County Superior Court. Our attorneys know the local judges, prosecutors, and court procedures, giving us a strategic advantage in your case.
• Proven Track Record: Our firm has a history of successfully defending clients against drug charges, often resulting in dismissals, reduced charges, alternative sentencing options, and successful defenses at trial. We have a reputation for providing aggressive and effective legal representation.
• Client-Centered Approach: We understand that facing criminal charges can be stressful and overwhelming. We take the time to listen to your concerns, explain your options clearly, and develop a personalized defense strategy tailored to your specific needs.
• Affordable Fees: We offer competitive and transparent fees, with no hidden costs or surprises. We understand that receiving a drug charge can be a financial burden, and we work with our clients to provide affordable legal services.
• 24/7 Availability: We know that legal matters don’t always happen during business hours. We offer 24/7 availability to our clients so that you can reach us whenever you need us.

Understanding Drug Charges in Roselle Park, NJ: N.J.S.A. 2C:35-10

New Jersey’s drug laws are among the toughest in the country, with severe penalties for drug-related offenses. These laws are complex and vary depending on several factors, including:

• Type of Drug: New Jersey classifies drugs into different schedules based on their potential for abuse and medical value. Schedule I drugs (e.g., heroin, LSD, ecstasy, psilocybin) carry the harshest penalties, while Schedule V drugs (e.g., cough syrup with codeine, Lyrica) carry the least severe penalties.
• Amount of Drug: The quantity of drugs involved can significantly impact the charges and penalties you face. Possessing a larger amount of drugs will typically result in more serious charges.
• Intent: If you are accused of possessing drugs with the intent to distribute, you will likely face more serious charges and penalties than if you are charged with simple possession.
• Location: Drug offenses committed in certain locations, such as school zones, public parks, or public housing, can carry enhanced penalties due to the increased risk to children and communities.
• Criminal History: Your prior criminal record, if any, can also influence the charges and penalties you face.

Common Drug Charges in Roselle Park

• Possession of a Controlled Dangerous Substance (CDS): This is the most common drug charge and can involve any illegal drug, including marijuana, cocaine, heroin, methamphetamine, ecstasy, and prescription drugs without a valid prescription. The penalties vary depending on the drug and amount.
• Possession with Intent to Distribute: This charge is brought when the prosecution believes you intended to sell or distribute the drugs in your possession. This can be based on the quantity of drugs, the presence of drug paraphernalia (e.g., scales, baggies), large amounts of cash, or other evidence.
• Distribution of CDS: This involves the actual act of selling, delivering, or transferring illegal drugs to another person. The penalties are typically much harsher than for simple possession.
• Manufacturing of CDS: This charge applies to individuals who produce, cultivate, or manufacture illegal drugs. The penalties for manufacturing are often the most severe.
• Drug Paraphernalia: Possessing items used to consume, manufacture, or distribute drugs, such as pipes, bongs, syringes, or scales.
• Prescription Drug Fraud: Obtaining prescription drugs through deceit or misrepresentation, such as forging a prescription or doctor shopping.

Penalties for Drug Charges in New Jersey

The penalties for drug offenses in New Jersey can be severe, depending on the specific charge, the type and amount of drug involved, your prior criminal history, and any aggravating factors. Penalties can include:

• Fines: Ranging from hundreds to tens of thousands of dollars, depending on the offense.
• Jail or Prison Time: Jail time for up to six months for disorderly persons offenses (misdemeanors) or prison time for indictable offenses (felonies) can be imposed.
• Probation: This can include conditions like random drug testing, mandatory counseling or rehabilitation, and community service.
• Driver’s License Suspension: Certain drug offenses can result in the suspension of your driver’s license.
• Criminal Record: A drug conviction will result in a permanent criminal record, which can have lasting consequences on your employment, housing, and other opportunities.
• Forfeiture: Assets used in the commission of a drug crime or obtained through illegal drug activity can be seized by the state.

How Brett M. Rosen, Esq. Can Defend You Against Drug Charges in Roselle Park

Facing drug charges can be daunting, but you don’t have to face them alone. Brett M. Rosen, Esq., will aggressively defend your rights and work tirelessly to minimize the impact of these charges on your life. We will:

• Thoroughly Investigate Your Case: We will examine every detail of your arrest, including the legality of the search, the procedures followed by law enforcement, and the handling of any evidence.
• Challenge the Evidence: We will scrutinize the evidence against you, including the chain of custody of the drugs, the results of any drug tests, and the reliability of witness testimony. We will also investigate any potential police misconduct or constitutional violations.
• Explore All Potential Defenses: We will tailor a defense strategy to your specific circumstances, exploring all available legal options, such as challenging the legality of the search, arguing that the drugs were not yours, or asserting entrapment or medical necessity.
• Negotiate with Prosecutors: We will work with the prosecution to seek reduced charges, alternative sentencing options, such as drug court or pre-trial intervention (PTI), or dismissal of the case if possible.
• Provide Skilled Courtroom Representation: If your case goes to trial, we will provide experienced and aggressive representation in court to protect your rights and advocate for the best possible outcome. We will challenge the prosecution’s evidence, present a compelling defense, and ensure your voice is heard.

Potential Defenses Against Drug Charges

The specific defenses available to you will depend on the nature of your case. Some common defenses include:

• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights against illegal search and seizure, any evidence obtained may be inadmissible in court. This could lead to a dismissal of the charges.
• Lack of Possession: If you can prove that the drugs were not yours or that you were unaware of their presence, you may be able to avoid conviction.
• Entrapment: If law enforcement induced or coerced you into committing a drug offense, you may have a valid defense.
• Medical Necessity: In some cases, possessing a controlled substance for legitimate medical reasons with a valid prescription can be a defense.
• Lack of Intent to Distribute: If you are charged with distribution, but you can prove that the drugs were for personal use, you may face lesser charges.
• Chain of Custody Issues: If the prosecution cannot prove the chain of custody of the evidence, meaning they can’t demonstrate that the drugs were handled properly and not tampered with, it may weaken their case.
• Factual Innocence: If you can provide evidence that you were not involved in the alleged drug activity, you may be able to prove your innocence.

Frequently Asked Questions About Drug Charges in Roselle Park, NJ

• What should I do if I am arrested for a drug offense in Roselle Park, NJ? Invoke your right to remain silent and ask for an attorney. Do not answer any questions or make any statements to the police without legal counsel present.
• Can I get a drug charge expunged from my record in New Jersey? In some cases, certain drug offenses may be eligible for expungement after a waiting period. Consult with an attorney to determine your eligibility.
• Will a drug conviction affect my employment? Yes, a drug conviction can have a significant impact on your employment prospects, particularly in jobs that require background checks, security clearances, or professional licenses.
• What is drug court in New Jersey? Drug court is an alternative sentencing program for non-violent offenders with substance abuse issues. It focuses on treatment and rehabilitation rather than incarceration.
• What is the difference between possession and distribution charges? Possession charges typically involve having drugs for personal use, while distribution charges involve the intent to sell or distribute drugs to others. The penalties for distribution are significantly harsher.
• What is a conditional dismissal or discharge? Conditional dismissal or discharge, commonly referred to as a CD, is a diversionary program for people facing disorderly persons offenses in New Jersey. 

• What if I was only holding drugs for a friend? Even if you were holding drugs for someone else, you could still be charged with possession. The law doesn’t require ownership, only that you knowingly had the drugs under your control.

• Can a drug charge be dismissed in Roselle Park? Dismissal of a drug charge is possible but depends on the specific circumstances of your case, such as lack of evidence, illegal search and seizure, or successful completion of a diversionary program like PTI (Pre-Trial Intervention). An attorney can help you understand your options.

• What is the difference between a plea bargain and going to trial for a drug charge? A plea bargain is an agreement between you and the prosecutor where you plead guilty to a lesser charge or fewer charges in exchange for a reduced sentence. Going to trial means your case will be heard before a judge, who will decide whether you are guilty or not guilty.

• What are the long-term consequences of a drug conviction in New Jersey? A drug conviction can have lasting consequences, including a criminal record, difficulty finding employment, loss of professional licenses, ineligibility for certain government benefits, and potential travel restrictions.

• Can I get my driver’s license suspended for a drug offense even if I wasn’t driving? Yes. In New Jersey, certain drug offenses, even if not committed while driving, can result in a driver’s license suspension. This can happen if you are convicted of possession, distribution, or intent to distribute certain controlled substances.

• What if the drugs were found in my home, but they weren’t mine? If drugs are found in your home and you are charged with possession, you may be able to raise a defense of lack of possession or knowledge. However, the burden of proof is on you to show that the drugs did not belong to you or that you were unaware of their presence.

• Can I be charged with a drug offense if I am addicted to drugs? Yes, addiction is not a defense to drug charges. However, it may be considered a mitigating factor during sentencing, and it may make you eligible for alternative sentencing programs like drug court.

• What is the difference between actual possession and constructive possession of drugs? Actual possession means the drugs were found on your person. Constructive possession means you had control over the drugs even if they were not physically on you, such as if they were found in your car or home and you had access to them.

• What is the process for expunging a drug charge from my record in New Jersey? Not all drug offenses are eligible for expungement in New Jersey. However, some minor offenses or those completed through a diversionary program like PTI may be eligible after a waiting period. An attorney can help you determine your eligibility and guide you through the expungement process.

• What are the consequences of a drug conviction for a student? A drug conviction can impact your ability to obtain financial aid, housing, and scholarships. It can also result in disciplinary action from your school, including suspension or expulsion.

• What is the role of the Union County Prosecutor’s Office in drug cases? The Union County Prosecutor’s Office is responsible for prosecuting drug cases in Union County. They will review the evidence, decide whether to file charges, and represent the state in court.

• Can I get my charges reduced if I cooperate with law enforcement? In some cases, the prosecutor may offer a plea deal or reduced charges in exchange for your cooperation with law enforcement. This could involve providing information about other individuals involved in drug activity.

• What are the potential immigration consequences of a drug conviction? If you are not a U.S. citizen, a drug conviction can have serious immigration consequences, including deportation or denial of naturalization.

• How can an attorney help me fight my drug charges? An experienced attorney can help you understand your legal rights, investigate the evidence against you, negotiate with prosecutors for a favorable outcome, and provide you with skilled representation in court. They will work tirelessly to protect your rights and minimize the impact of the charges on your life.

Don’t Let a Drug Charge Define Your Future – Contact Brett M. Rosen, Esq. Today!

If you are facing drug charges in Roselle Park, New Jersey, don’t let fear or embarrassment prevent you from seeking the legal help you need. Brett M. Rosen, Esq. is committed to providing you with the experienced, dedicated, and compassionate representation you need. We will fight for your rights, protect your reputation, and work tirelessly to secure the best possible outcome for your case.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule a free consultation.