Drug Crimes

New Jersey processes thousands of drug cases every year. Monmouth, Ocean and Middlesex Counties, with a combined population of more than one and half million people, processes a significant portion of New Jersey drug charges within its Municipal and Superior Courts. Importantly, Ocean County is within the throes of the so-called Heroin Epidemic that has taken the state by storm. In addition to a high volume of Heroin-related cases, there are also many arrests for drug charges that include Marijuana Possession and Distribution, Oxycontin Possession, Possession of CDS in a School Zone, CDS in a Motor Vehicle, Possession of Drug Paraphernalia and many others. The consequences for these crimes are serious and can lead to jail time, probation, a criminal record, steep fines, and a loss of driving privileges.

McGuckin Law can help you defend your case. We represents clients facing theft and fraud related charges in Ocean County that include:

• Marijuana Possession
• Possession of Marijuana with Intent to Distribute
• Heroin Possession
• Possession of Heroin with Intent to Distribute
• Prescription Drug Offenses (Oxycontin)
• Cocaine Offenses
• CDS in a Motor Vehicle
• Possession of CDS in a School Zone
• Possession of CDS near a Public Park
• Possession of Drug Paraphernalia
• Possession of a Hypodermic Needle
• Suboxine
• Prescription Fraud
• Failure to Make a Lawful Disposition
• Loitering

Toms River NJ Heroin Lawyer

McGuckin Law aggressively defends clients charged with the above types of drug possession and distribution charges. We utilize a targeted approach in our defense strategy.

First we focus on the factual aspects of the case and determine whether or not the state would be likely meet its burden of proof were the matter to go to trial. We look for factual discrepancies to locate issues relating to

• Probable Cause
• Identification
• Mitigating Circumstances

If it looks like the state will have difficulties in proving the matter beyond a reasonable doubt, we will identify those issues and prepare the appropriate motion to suppress evidence or dismiss the case. If the state has a sound case against you, we will determine whether or not you are eligible for a diversionary program such as:

• Conditional Dismissal
• Pre-Trial Intervention
• Mental Health Diversionary Program
• Veteran Diversionary Program
• Drug Court

Typically, these programs are available for first time, non-violent offenders and result in a deferred dismissal of your charges as long as you comply with the requirements of the program and stay out of trouble for the agreed upon period of time. Click here for more information on diversionary programs. Finally, in addition to pursuing a successful outcome factually and understanding your diversionary program options, we will use our understanding of the judicial process to defend your matter procedurally.

Finally, If you are battling drug addiction, we can also help you find an intensive outpatient, inpatient, or counseling program. It is our experience that in some cases, entry into a treatment program is a proactive measure that can lead to better results from a legal standpoint while providing necessary help.

Edison NJ Drug Crime Penalties

Penalties for New Jersey Drug Crimes range in severity depending upon various factors that include:

• The quantity found
• The existence of prior drug offenses,
• Whether or not the State can demonstrate there was distribution or an intent to distribute,
• Whether the defendant was arrested in or near a public park or school zone. Here are a few examples:

Depending upon the above circumstances, a defendant can face anywhere from a Disorderly Persons Offense to a Second Degree Indictable Crime punishable by 5-10 years in jail. Here are a few common examples:

• A first-time offender arrested in Jackson for Possession of Marijuana in amount less than 50 grams is facing a Disorderly Persons offense. This matter will be heard in Jackson Municipal Court and penalties include up to $1000 loss of license and up to 6 months in jail. However, absent aggravating circumstances, that individual would most likely be eligible for a Conditional Discharge Program.
• A first time offender is arrested in Toms River for Possession of Marijuana with Intent to Distribute because he has in his possession more than one ounce of marijuana. In addition, the marijuana has been separated into dime bags and, after a search of the vehicle, the police officer found a scale that is commonly used to weigh the drug for the purpose of distribution. Here, the individual is facing a third degree indictable offense in Ocean County Superior Court and is exposed to 3-5 years incarceration, probation, and fines. As a first offender, this individual may be eligible for PTI. The penalties would be enhanced if this person were arrested in a public park or school zone.
• Finally, a repeat offender who has already successfully completed PTI on a prior drug-related offense is found in possession of two wax folds of heroin in Seaside Heights. This person is facing a third degree possession charge and is not eligible for PTI. A mandatory six month loss of license is included in a conviction. If this person has more than half (1/2) ounce of heroin and is in the process of distributing, this person is looking at a second degree indictable and faces 5-10 years in jail.