Possession of CDS

Gloucester NJ Possession of CDS Lawyers

Defense Attorneys for Drug Possession in Camden County, New Jersey

Possession of a controlled dangerous substance (CDS) is among the most common criminal charges in New Jersey. Residents and visitors alike often find themselves charged with drug possession after a routine motor vehicle stop or other interaction with law enforcement. Unfortunately, possession of CDS is a serious criminal offense in violation of N.J.S.A. 2C:35-10. Depending on the specific substance involved in your case, you may be charged with a disorderly persons offense or an indictable crime, also known as a felony. Sometimes, a charge for possession of CDS will be accompanied by other drug charges such as intent to distribute in a school zone or within 500 of certain public property. Whatever the circumstances, drug possession charges must be addressed with an aggressive defense strategy to avoid severe penalties.

Experienced criminal defense attorney William Fay has been defending clients charged with possessing controlled substances and other drug crimes in New Jersey for years. Over the course of his distinguished career, Mr. Fay has earned a reputation for delivering superior results, which in turn, has earned him a five out of five client rating on Avvo. When you enlist our criminal defense law firm to defend your case, you can place your trust in a legal team that will do everything in their power to secure the best possible result. If you have been charged with possession of CDS in Camden, Stratford, Lindenwold, Winslow, Cherry Hill, Gloucester, Haddonfield or Bellmawr, contact us at 609-832-3202 for immediate assistance. We are happy to discuss the circumstances of your case and answer all of your questions in a free consultation.

Possession of CDS in violation of N.J.S.A. 2C:35-10

In New Jersey, a charge for possession of a controlled dangerous substance (CDS) can be brought against a person who illegally possesses any drug included in the New Jersey Schedules of Controlled Substances. According to section 24:21-2, a controlled dangerous substance is defined as any drug, substance, or immediate precursor in Schedules I through V. Some of the most common types of CDS in New Jersey include marijuana, cocaine, heroin, LSD, methamphetamine, and Ecstasy (MDMA or Molly). Prescription drugs like Xanax, Adderall, Oxycontin, and Percocet are also considered controlled substances. If you are found in possession of a prescription drug without a valid prescription from a valid practitioner, you can also be charged with a violation of New Jersey Statute 2C:35-10. Notably, CDS does not include beer, wine, liquor, or tobacco products.

Understanding Types of Possession in NJ Drug Cases

You can be charged with possession of CDS based on “Actual” or “Constructive” possession of a drug. Actual possession is rather self-explanatory, meaning you had the drug on your person. For example, there was cocaine in your pocket or heroin in your shoe. Constructive possession is slightly more nuanced. In order to be charged with constructive possession, you must have been aware that the drug was present and able to exercise control over it. The vast majority of constructive drug possession cases involve several people who are stopped in a car. If a police officer finds drugs somewhere in the vehicle, they can effectively arrest every person in the car and charge each one with possession of CDS. In some cases, the driver will be charged with an additional offense known as possession of CDS in a motor vehicle.

Penalties for Possession of a Controlled Dangerous Substance in New Jersey

Under New Jersey drug possession law, possession of almost any substance included in the New Jersey Drug Schedules is considered a third degree crime. The one exception to this rule is marijuana, which is governed by its own specifications. For marijuana, possession of less than 50 grams is a disorderly persons offense (misdemeanor). Possession of more than 50 grams of marijuana is a fourth degree crime if there is no intent to distribute. For drugs other than marijuana such as cocaine, possessing any amount can lead to charges for a third degree felony. A third degree crime is punishable by between 3 and 5 years in prison, a fine of up to $35,000 fine, driver’s license suspension for 6 months, and a criminal record.

Notably, there is a presumption of non-incarceration for first-time offenders. As a result, defendants with no prior criminal record may be able to use diversionary programs like Conditional Discharge or Pre-trial Intervention (PTI) to have their charges dismissed. These programs are essentially a period of probation during which the charges are suspended. If you successfully complete the program, the possession of CDS charge is dismissed and you can keep a clean criminal record.

Contact a Haddon Twp CDS Possession Attorney for Immediate Assistance

If you have been charged with possession of a controlled dangerous substance (CDS), your life and your future are on the line. A conviction for drug possession may prevent you from achieving all of your goals, as many educational institutions and employers run background checks before making admissions decisions and job offers. An arrest for drug possession is only the beginning. The significant fines, loss of driving privileges, and potential jail time can throw your life off course for years. Don’t trust your future to chance. It is highly advisable to find an experienced criminal defense lawyer who can ensure your rights are protected. Contact our criminal defense law firm for a free consultation with a drug possession defense attorney today. You can call 609-832-3202 or reach out online. We regularly defend clients in Burlington, Camden, Atlantic, and Gloucester counties and throughout South Jersey.


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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