Drug Possession

Drug Possession Attorney in Morristown

Faced With A New Jersey Drug Charge? We Provide Free Consultation to Help You Understand Your Rights

If you were recently arrested for possession of a controlled substance, you are probably worried about your future, your record, and your next court date. In this moment, you need a drug possession attorney in Morristown who understands New Jersey law and the local courts, not generic advice.

At Law Offices of Joseph S. Scura, we focus on guiding people through criminal charges in Morristown and across New Jersey. For more than a decade, our firm has provided nationally recognized criminal defense services to this community. Led by Joseph Scura, a criminal defense attorney recognized as a Super Lawyers® Magazine “Rising Star” in criminal defense, we work to protect our clients’ rights at every stage.

You do not have to navigate this alone. We offer a free, confidential consultation so you can talk directly with our criminal defense attorney about what happened, what you are facing, and how we can help you move forward. Contact us online or call (973) 832-0841.

Understanding Drug Possession Laws in New Jersey

New Jersey’s drug laws are primarily codified under N.J.S.A. 2C:35-10, which makes it unlawful for any person to knowingly or purposely obtain or possess a controlled dangerous substance. It is vital to understand that New Jersey law differentiates between "actual" possession—having the substance in your pocket or hand—and "constructive" possession. 

Constructive possession occurs when you do not have the drugs on your person, but you have both the knowledge of their presence and the ability to exercise control over them, such as drugs found in a glove compartment or a shared residence.

Most drug possession offenses in New Jersey are graded as third-degree crimes. This includes possession of common substances such as:

  • Cocaine and Crack Cocaine
  • Heroin and Fentanyl
  • Methamphetamine
  • MDMA (Ecstasy/Molly)
  • LSD and Psilocybin (above specific thresholds)
  • Prescription legends pills (like Xanax or Oxycontin) without a valid script

While New Jersey has legalized personal-use cannabis for adults, possession of "black market" marijuana or amounts exceeding the legal threshold still carries significant penalties. 

A Morristown drug possession lawyer must also be prepared to defend against "possession with intent to distribute" (N.J.S.A. 2C:35-5), which is a much more serious charge often triggered simply by the quantity of the drug or the presence of packaging materials like baggies and scales.

Many people are charged in everyday situations, not dramatic scenarios. Some common New Jersey drug possession situations we see include:

  • Traffic stops where police say they found drugs in a vehicle
  • Street encounters that lead to a search of pockets, bags, or backpacks
  • Drugs allegedly discovered in a shared home, dorm room, or vehicle
  • Prescription medications found outside their original container
  • Possession charges filed along with related allegations, such as paraphernalia

Penalties and Collateral Consequences of Drug Possession in New Jersey

Possible consequences depend on the type and amount of substance, your prior record, and which court hears the case, such as the Morristown Municipal Court or the Morris County Superior Court. 

The penalties for a third-degree drug possession conviction in New Jersey are harsh and far-reaching. If convicted, you may face:

  • Imprisonment: A sentence of 3 to 5 years in New Jersey State Prison.
  • Heavy Fines: Fines can reach as high as $35,000 for third-degree offenses.
  • Mandatory Penalties: Additional mandatory assessments, including a $1,000 Drug Enforcement and Demand Reduction (DEDR) penalty.
  • Driver’s License Suspension: A mandatory license suspension ranging from 6 months to 2 years, regardless of whether a vehicle was involved in the offense.

The collateral consequences often outweigh the immediate legal penalties. A felony-level record in New Jersey can result in the loss of professional licenses (nursing, teaching, legal), ineligibility for certain federal student loans, and significant hurdles in securing housing or employment. 

For non-citizens, a drug possession conviction can lead to mandatory deportation or denial of naturalization. This is why involving a drug possession attorney in Morristown early is paramount to mitigating these life-long impacts.

How We Approach Drug Possession Cases in Morristown

Drug charges are never just about what the police say they found. In New Jersey, a strong defense often starts with the details of how officers stopped you, questioned you, and searched you or your property. We carefully analyze each step to see whether your rights were respected and whether the State can actually prove its case.

When you come to our firm, you work with a Morristown drug possession lawyer who is committed to personal attention and thorough case management. We review discovery, including police reports and lab results, with a close eye for inconsistencies and legal issues.

Joseph Scura’s recognition as a Super Lawyers® Magazine “Rising Star” reflects a dedication to criminal defense and to the people behind every file. We take time to understand your priorities, explain your options in clear terms, and prepare you for each appearance in the Morristown Municipal Court or the Morris County Superior Court. Throughout the process, we keep you informed so you are never left wondering what comes next.

We do not believe in a "one-size-fits-all" defense. Our firm utilizes a multi-pronged strategy to protect our clients:

  • Challenging the Search: Many drug arrests stem from traffic stops or "stop and frisk" interactions. We scrutinize the police report to determine if the officer had reasonable suspicion to pull you over or probable cause to search your person or vehicle. If the search was illegal, the "fruit of the poisonous tree" doctrine may allow us to suppress the drugs entirely.
  • Diversionary Programs: For many first-time offenders, we aggressively pursue Pre-Trial Intervention (PTI) or Conditional Discharge.
    • PTI: A program for third or fourth-degree crimes where, upon successful completion of supervision, the charges are dismissed entirely.
    • Conditional Discharge: A similar program often used in Municipal Court for lower-level possession.
  • Recovery-Focused Defense (Drug Court): For individuals struggling with addiction, we can advocate for "Recovery Court" (formerly Drug Court), which prioritizes intensive treatment over incarceration.
  • Independent Lab Testing: We never take the State's word for granted. If there is a question about the weight or composition of the substance, we can request independent testing.

Why Morristown Clients Turn To Our Firm

Choosing the right lawyer is personal. Clients often tell us they want someone who knows the law, knows the local courts, and treats their case like it matters. That is the approach we take at Law Offices of Joseph S. Scura for every criminal matter, including drug charges handled here in Morristown and throughout the area.

Our firm has spent more than a decade defending people in New Jersey criminal courts. During that time, we have appeared regularly in Morristown and Morris County, gaining a practical understanding of how drug possession cases are typically charged, negotiated, and resolved. This local insight helps us anticipate issues and explain likely paths your case may take.

For three years, Joseph Scura has been recognized as a “Rising Star” by Super Lawyers® Magazine in criminal defense. This honor reflects the regard of peers and the quality of advocacy he brings to each case. For our clients, it means their matter is in the hands of an attorney who is respected in the legal community and committed to careful preparation.

Talk With A Drug Possession Attorney in Morristown About Your Case

From the first free consultation through the final outcome, our priority is to protect your rights and help you move past this situation with as few long-term consequences as possible. While no one can guarantee how a case will end, we work diligently on your behalf.

At Law Offices of Joseph S. Scura, we combine years of criminal defense experience, recognition in the legal community, and a local presence in Morristown to guide clients through some of the most stressful moments of their lives. Your consultation is free and confidential, and it is an opportunity to get answers tailored to your situation.

To schedule your free consultation, call (973) 832-0841 today.

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