Cocaine Charge Attorney in Elizabeth, NJ

Cocaine possession is a serious offense in Elizabeth, New Jersey, and across the state. If you or someone you know has been charged with this crime, it’s crucial to understand the legal implications and your potential defenses. If you’re facing a cocaine possession charge in Elizabeth, NJ, retaining Attorney Brett M. Rosen could be a pivotal decision for your defense. With over 8 years of experience in criminal and civil litigation, Rosen is well-versed in navigating the complexities of New Jersey’s drug laws. His practice has earned high client satisfaction, with accolades highlighting his professionalism and effectiveness. Rosen’s trial skills are particularly noteworthy; he has a history of going head-to-head with prosecutors and certified trial attorneys, ensuring a robust and thorough defense. His experience extends to high-profile cases, including representing celebrities and award-winning artists in their legal challenges. Moreover, Rosen’s recognition as a Rising Star by Super Lawyers underscores his commitment to excellence in legal representation. Choosing Brett M. Rosen means opting for a seasoned attorney who brings a strategic, aggressive, and client-focused approach to your case.

Understanding Cocaine Possession in Elizabeth, NJ:

Under New Jersey law (N.J.S.A. 2C:35-10), possession of any amount of cocaine, whether it’s powder or crack cocaine, is illegal. It is classified as a third-degree crime, which carries significant consequences:

• Prison Sentence: Up to 5 years in state prison
• Fines: Up to $35,000
• License Suspension: Potential driver’s license suspension
• Permanent Criminal Record: A conviction will stay on your record, impacting future employment, housing, and other opportunities.

The penalties can increase if you are charged with possession with intent to distribute, possession in a school zone, or if you have prior drug convictions.

Factors That Influence Sentencing:

The specific sentence you receive will depend on several factors, including:

• The amount of cocaine in your possession
• Whether you have any prior criminal convictions
• Whether you possessed the cocaine in a school zone or other protected area
• Whether you are charged with intent to distribute

Defending Against Cocaine Charges in Elizabeth, NJ

If you’re facing cocaine charges in Elizabeth, New Jersey, it’s important to understand that you have legal options. An experienced criminal defense attorney can help you explore these options and build a strong defense strategy. Brett M. Rosen, Esq. has extensive experience defending clients against drug charges in Elizabeth and throughout Union County. Here are some of the common defenses we may employ:

1. Illegal Search and Seizure:

• Fourth Amendment Violations: If law enforcement obtained the cocaine through an unconstitutional search (e.g., without a warrant, probable cause, or valid consent), the evidence may be inadmissible in court.
• Miranda Rights Violations: If you were not properly informed of your Miranda rights (right to remain silent, right to an attorney) during your arrest or interrogation, any statements you made could be inadmissible.

2. Lack of Knowledge or Control:

• You Didn’t Know It Was There: Perhaps the cocaine was planted or belonged to someone else. If you can prove you had no knowledge of its presence, this is a strong defense.
• You Didn’t Know It Was Cocaine: Maybe you thought it was another substance, such as a prescription medication. Demonstrating a lack of awareness of the drug’s nature could be key.

3. Prescription Defense:

• Valid Prescription: If you possessed the cocaine as part of a legitimate prescription for medical treatment, this can be a valid defense. You must provide documentation and evidence to support this claim.

4. Challenging Lab Results:

• Chain of Custody Issues: We can examine the chain of custody to ensure the evidence was handled properly and not tampered with. Any inconsistencies can raise doubts about the validity of the lab results.
• Accuracy of Testing: We can challenge the accuracy of the lab tests used to identify the substance as cocaine, especially if there are concerns about contamination or faulty procedures.

5. Amount and Intent:

• Usable Amount: In some cases, the amount of cocaine found may be too small to support a possession charge. If the quantity is not considered a usable amount, the charges may be reduced or dismissed.
• Lack of Intent to Distribute: If the prosecution alleges intent to distribute, we can argue that the amount of cocaine and the circumstances surrounding your possession do not support this claim.

6. Entrapment:

• Induced by Law Enforcement: If law enforcement used coercive tactics or undue influence to induce you to commit a crime you wouldn’t have otherwise committed, this could be a defense.

7. Other Defenses:

• Mistaken Identity: If there’s a chance you were misidentified as the person possessing the cocaine, this can be a viable defense.
• Alibi: If you have a credible alibi that places you somewhere else at the time of the alleged possession, this can raise reasonable doubt.

Cocaine Charges in Elizabeth, NJ: Your Questions Answered

Facing cocaine charges in Elizabeth, New Jersey, can be a daunting experience. The legal complexities, potential penalties, and uncertainty about the future can leave you feeling overwhelmed. Brett M. Rosen, Esq. understands the stress and anxiety you’re facing. This FAQ page aims to provide answers to some of the most common questions we receive from clients facing cocaine charges in Elizabeth.

FAQ:

1. What are the penalties for cocaine possession in Elizabeth, NJ? The penalties for cocaine possession in New Jersey depend on various factors, including the amount of cocaine involved, whether you intended to distribute it, and whether you have any prior convictions. However, even simple possession of cocaine is a third-degree crime, punishable by up to 5 years in prison and a fine of up to $35,000.

2. What if I only had a small amount of cocaine for personal use? Even possessing a small amount of cocaine is illegal in New Jersey. While the amount may influence the severity of the charges and potential penalties, any amount can still lead to criminal charges and a conviction.

3. What if the cocaine wasn’t mine? If you were merely holding the cocaine for someone else, or you were unaware of its presence, you may have a defense based on lack of knowledge or control. However, it’s important to consult with an attorney to determine the viability of this defense in your specific case.

4. What should I do if I’m arrested for cocaine possession in Elizabeth? The most important thing is to remain silent and ask for a lawyer immediately. Anything you say to the police can be used against you in court. An attorney can protect your rights and guide you through the legal process.

5. What are my legal options if I’m facing cocaine charges? Your legal options may include fighting the charges in court, negotiating a plea deal with the prosecutor, or seeking admission to a diversionary program (if eligible). An experienced criminal defense attorney can help you evaluate your options and determine the best course of action.

6. What defenses are available for cocaine possession charges? Several defenses may be available, including illegal search and seizure, lack of knowledge or control, valid prescription (if applicable), challenging lab results, and lack of intent to distribute. An attorney can assess your case and determine the most appropriate defense strategy.

7. Will I have a criminal record if I’m convicted of cocaine possession? Yes, a cocaine possession conviction will result in a criminal record, which can have long-term consequences for your employment, housing, and other opportunities. However, in some cases, it may be possible to expunge your record after a certain period.

8. How can a criminal defense attorney help me with my cocaine charges? An attorney can investigate the circumstances of your arrest, challenge the evidence against you, negotiate with the prosecutor, represent you in court, and advocate for the best possible outcome in your case.

9. How much does it cost to hire a lawyer for cocaine possession charges in Elizabeth, NJ? Attorney fees can vary depending on the complexity of your case and the experience of the lawyer. Many attorneys offer free consultations to discuss your case and provide fee estimates.

10. Why should I choose Brett M. Rosen, Esq. for my cocaine possession case? Brett M. Rosen, Esq. is an experienced criminal defense attorney with a deep understanding of New Jersey drug laws and the Elizabeth court system. He will provide you with personalized attention, aggressive representation, and a commitment to protecting your rights and fighting for your freedom.

If you are facing cocaine charges in Elizabeth, NJ, don’t face them alone. Contact Brett M. Rosen, Esq. today for a free consultation. We’re here to help you understand your options and fight for the best possible outcome.

Brett M. Rosen, Esq.: Your Advocate in Elizabeth, NJ

Brett M. Rosen, Esq., we have extensive experience defending clients against cocaine possession charges in Elizabeth and throughout Union County.