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Possession of Methamphetamine

Toms River NJ Methamphetamine Possession Lawyer

Ocean County is not immune to the drug problems that are prevalent around the country. Accordingly, a drug possession charge involving methamphetamine is something that law enforcement has encountered before. When this charge is filed, it exposes a defendant to a third degree crime, something that can result in five (5) years in state prison and many thousands of dollars in fines. If you or your loved one was arrested for possessing methamphetamine, we can help you. Our firm is one of the largest criminal defense operations in the state and we happen to be right in Toms River to assist you. We handle possession and distribution of methamphetamine charges throughout Ocean County including those involving arrests in Seaside Heights, Manchester, Berkeley, Jackson, Lacey and Brick Township. Call a former prosecutor for the sound guidance and representation you need to avoid a conviction and/or the significant penalties associated with methamphetamine possession.

How Does a Prosecutor Prove Methamphetamine Possession?

Pursuant to N.J.S.A. 2C:35-10(a)(1), “it is unlawful for any person, knowingly or purposefully, to obtain, or to possess, actually or constructively, a controlled 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.”To convict someone for possessing methamphetamine, the State must prove beyond a reasonable doubt that the accused knowingly or purposely, obtained or possessed, either actually or constructively, a substance that was methamphetamine.

Many clients will come to us and ask us what exactly constitutes possession. This brings up the complicated issue of constructive possession. Courts have found that physical or manual control over item itself is not required for constructive possession. Instead, all that is necessary is an intention to exercise control over an item, which can be proven through circumstances that reasonably infer a capacity to do so exists.

What Are the Penalties for Methamphetamine Possession?

It is a crime of the third degree to possess a methamphetamine. It is a disorderly persons offense to be under the influence of methamphetamine. If convicted of third degree possession of methamphetamine, a defendant faces three (3) to five (5) years in prison, as well as a fine up to $35,000, as prescribed by N.J.S.A. 2C:35-10(a)(1). If convicted of a disorderly persons offense for being under the influence of methamphetamine, a defendant will face up to six (6) months in prison, a $1,000 fine, and the possible community service and/or probation.

Enhanced Penalties When Methamphetamine Possession is in a School Zone. In addition to the above mentioned penalties, any person who commits any offense defined under N.J.S.A. 2C:35-10 while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform at least 100 hours of community service.

Seaside Heights Methamphetamine Possession Attorneys

Many have witnessed the horrors of methamphetamine addiction on television but this epidemic has been slow to take root in Ocean County. Prosecutors are serious about deterring the growth of this problem here and aggressively pursue cases involving this drug. This type of controlled dangerous substance definitely has the ability to attract attention and this a primary reason why you need to take a possession charge seriously, not to mention the felony record that comes with a conviction. If you were arrested in Barnegat, Little Egg Harbor, Beachwood, Long Beach or another municipality for possessing methamphetamine, an experience attorney is available to assist you immediately. One of the methamphetamine possession attorneys at the firm with give you the time and help you better understand what you are up against. The consultation is free.

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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