Cocaine Possession and Distribution

Lindenwold NJ Cocaine Charges Lawyer

Defense Attorneys for Cocaine Possession & Distribution in Camden County NJ

Camden NJ Cocaine Defense Lawyers

New Jersey law strictly prohibits the possession of cocaine in any amount. In fact, possession of even the smallest quantity of cocaine is considered a third degree felony, which entails potential penalties including a New Jersey State Prison sentence ranging from 3 to 5 years. When cocaine possession extends beyond personal use, an individual can be charged with possession with intent to distribute or cocaine distribution, which are even more serious offenses punishable by increasingly severe consequences. When you or someone you love is facing cocaine charges in Camden County, in Pennsauken, Lindenwold, Haddon Township, Cherry Hill, Gloucester Township, Voorhees, or anywhere else in New Jersey, it is essential to understand all of your available legal options. An experienced criminal defense attorney can ensure that you pursue every avenue toward the best possible outcome. William Fay is a highly knowledgeable criminal defense lawyer who formerly served as a Deputy Attorney General for the New Jersey Attorney General’s Office. When your life, your liberty, and your freedom is jeopardized by drug charges, he will thoroughly examine all aspects of the case against you to determine the best approach to your defense. To discuss your case with Mr. Fay today, contact his offices at 609-832-3202 for a free consultation. Personalized guidance and assistance is always just a phone call away.

New Jersey Cocaine Possession Laws

Possession of cocaine is described in section N.J.S.A. 2C:35-10(a) of the New Jersey Criminal Code. According to this section:

It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226. Any person who violates this section with respect to a controlled dangerous substance, or its analog, classified in Schedule I, II, II, or IV other than those specifically covered in this section, is guilty of a crime of the third degree.

Cocaine is classified as a Schedule II drug in New Jersey’s Drug Schedule and as such, it falls under the purview of the above statute. A Schedule II drug means that it has been determined that the controlled substance has high potential for abuse; has acceptable medical use or accepted medical use under seriously limited circumstances; and that abuse with this drug may lead to severe physical or physic dependence.

When Can Police Legally Search My Car for Drugs Without a Warrant?

Clients frequently call our office and ask questions about when police can and cannot search a vehicle. Whether or not the police conducted a lawful search of your car before they found any cocaine will depend on the specific facts of your case. Did you give consent to the officers to search your car? Did you have the authority to give consent to search? Did the officers have reasonable suspicion to even ask for your consent to search? Did the officer execute a search of the vehicle based on the “plain view doctrine”? Did the officer execute a search of the vehicle based on a “search incident to arrest” exception? These are just a few of the common inquiries that need to be determined when analyzing the legality of a warrantless police search.

What are the Penalties for Simple Cocaine Possession?

Under New Jersey Law, the penalties for possession cocaine include the following:

  • A 3 to 5-year term of incarceration
  • A fine of up to $35,000
  • A felony conviction on your criminal record
  • A 6-month period of driver’s license suspension

Will I Go to Jail for Cocaine Distribution and Possession with Intent to Distribute?

As I am sure you are aware, it is illegal to manufacture, distribute, dispense, or possess cocaine with intent to distribute in New Jersey. All of these offenses are subsumed under N.J.S.A. 2C:35-5. According to this statute, the degree of these charges are contingent upon the amount of cocaine involved. The thresholds are as follows:

  • Less than 0.5 Ounces: Third Degree Crime: between 3 and 5 years of imprisonment and a maximum fine of $75,000
  • Between 0.5 and 5 Ounces: Second Degree Crime: between 5 and 10 years of imprisonment and a maximum fine of $150,000
  • 5 Ounces or More: First Degree Crimebetween 10 and 20 years of imprisonment and a fine of up to $500,000

Can I Get PTI for Cocaine Possession?

If you have been charged with a cocaine-related offense in New Jersey, questions about possession and intent become exceedingly important to your defense. Your previous criminal record is also relevant in these cases, as New Jersey offers several diversionary programs that provide first-time drug offenders with alternatives to incarceration. For instance, programs such as Pre-Trial Intervention allow eligible individuals to complete a probationary period after which the charges against them are dismissed.

Since cocaine possession is graded as a 3rd degree crime under 2C:35-10(a), there is a presumption of non-incarceration for a person without a criminal history. This opens the door for alternatives such as probation and the Pre-Trial Intervention Program. If you use your one opportunity for PTI, you cannot use the program or a similar program like conditional discharge, if you find yourself charged with another criminal offense in the future. Nevertheless, Pre-Trial Intervention can be useful when seeking to get your charges dismissed. That is, if there are not existing evidence issues or other arguments that can be raised to undermine the prosecution’s case against you.

Contact a Gloucester NJ Cocaine Charges Lawyer

If you or someone you love has been charged with cocaine possession, distribution, or another drug crime in Camden County or elsewhere in South Jersey, do not delay in hiring experienced legal representation. Contact our firm at 609-832-3202 for additional information and a cost-free consultation.


testimonials reviews
"Excellent criminal defense lawyer"

"William handled a matter for me and exceeded my expectations. He was excellent in all areas of the law and achieved an outstanding result. Best of all,he demonstrates honesty and integrity. I would highly recommend William and already have."


testimonials reviews

"I was so scared and nervous about my legal situation but Mr. Fay did an outstanding job with my case!!! I was so relieved with the outcome and he worked so hard for me! He was so calm and understanding and I’m so grateful for him. Thank you so very much for helping me! I am so grateful appreciative."


testimonials reviews
"All Charges Dropped & Expunged"

"William defended me in my marijuana + paraphernalia case, he had all charges dropped and expunged! Despite the fact I was long past conditional discharges/probation, etc. He has a sharp wit and a bright future ahead of him as an attorney. Thanks again Will!"


testimonials reviews
"Fantastic Lawyer"

"Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my life. He was knowledgeable about my case and what my options were. He answered all my questions and was very reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr. Fay if you need a lawyer."


testimonials reviews
"Marijuana Charges"

"I was arrested and summoned to court for possession of marijuana, even though I didn't have any on me. It was my first time getting in trouble and I was terrified and nervous. Mr. Fay came into court prepared and was extremely assuring. He made it very clear that he was going to fight for my case until the very end. He was extremely knowledgable about my case and the ways to resolve it. I would recommend Mr. Fay to anyone who has gotten into trouble."

former client

testimonials reviews
"Excellent lawyer. Highly recommended."

"Mr. Fay is extremely caring and knowledgeable. He took the time to explain the entire process in a very clear manner and was a tremendous help during a stressful time. He was always available to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an attorney." "

former client

testimonials reviews
"Highly recommend"

"Great lawyer. Created a best possible outcome for my case."

former client

testimonials reviews
"Amazing job, explains very clearly"

"He did a fantastic job on my case, making my penalty much less than I thought it could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can understand. Any questions I had were answered very clearly and he listened to all small details of my case."

former client

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If you or someone you love has been charged with a criminal or DUI offense in New Jersey, finding the answers you need to make informed decisions is critical. Complete our contact form to request your free consultation or contact 609-832-3202

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