Possession of Methamphetamine
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.