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Drug Defense Lawyer New Jersey

Experienced Jersey Shore Drug Defense Lawyers

If you need help resolving a New Jersey drug charge in Ocean County or Monmouth County, contact an experienced defense attorney at Villani & DeLuca, P.C. in Point Pleasant Beach. Our lawyers have decades of experience on both sides of a drug case — that means we know how to find the weaknesses in the government's case against you. If the charges are backed up by strong evidence, our familiarity with the counseling and rehabilitation options in our area can help you get back on track and possibly avoid or minimize the most serious consequences of a conviction.

For most of our clients facing first-offender drug possession charges, there's usually an excellent chance that we can protect you from the risks of conviction, including jail time, loss of license and a permanent criminal record. We'll assess your eligibility for various programs such as pretrial intervention, conditional discharge and other options that can keep your record conviction free. Even if we can't get the charges against you dismissed or beat them in court, we can fight to make the conviction have the least impact on your life by reducing the length of probation, minimizing the risk of jail, minimizing the loss of license and avoiding some financial penalties.

Our clients on New Jersey drug charges include students, licensed professionals, commercial drivers, visitors from out of state, and longtime Jersey Shore residents from all walks of life. Each individual has something specific to protect when facing criminal prosecution, and has specific circumstances to keep in mind when developing a defense strategy. Because we establish close relationships with our clients, you can be assured that our lawyers will work hard to protect what's important to you, not anybody else.

Dependable Advice and Committed Client Service in Ocean and Monmouth Counties

We cover the full range of drug charges in the superior and municipal courts of New Jersey, including:

  • Possession of marijuana, cannabis, ecstasy, methamphetamine, cocaine, heroin or other controlled dangerous substances (CDS) under New Jersey law
  • Unauthorized possession of prescription drugs
  • Driving under the influence of CDS
  • Possession of drug paraphernalia
  • Possession of any CDS in amounts or under conditions sufficient to support a distribution or trafficking charge
  • First-time or repeat drug offenses
  • Probation violations based on positive drug tests while under supervision
  • Drug charges involving minors
  • Drug charges based on constructive possession — that is, you were in the same room or vehicle when drugs were found by law enforcement

The defense strategy options that we present to you will depend on your previous record, the nature and amount of the drugs involved, the strength of the evidence against you, and perhaps most important, the bigger picture of your long-term interests. Our lawyers make sure that you understand your options thoroughly so that you can make the best possible decision for yourself. Then we execute your defense plan with the skill and efficiency that you'd expect from experienced trial attorneys.

To learn more about the best ways to face and overcome drug charges in Ocean County or Monmouth County, New Jersey, contact a knowledgeable criminal defense lawyer at Villani & DeLuca for a free consultation.

The severity of the penalty associated with drug crimes in New Jersey is often dependent upon the details of the case. Generally, the type of drug, the quantity of drug, and what the defendant intended to do with the drug will determine what type of penalty a defendant might facing. Some drug related charges you could be facing include possession or narcotics, distribution or dealing, possession of drug paraphernalia, trafficking, driving under the influence, manufacturing or unlawful possession of prescription drugs.

What Are Drug Crimes?

In New Jersey, the possession of an illegal narcotic is called Possession of a Controlled Dangerous Substance (N.J.S.A. 2C:35-10). New Jersey divides Controlled Substances into five Schedules. Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, and V decrease in dangerous and probability of abuse, and increase in recognized medical uses. The drugs included within those schedules are as follows:

Schedule I:

  • The substance has high potential for abuse
  • The substance does not have an accepted medical use in the United States
  • ex. Heroin, Mescaline, LSD, Peyote, Mushrooms, Marijuana, Ecstasy

Schedule II:

  • The substance has high potential for abuse
  • The substance has an accepted medical use in the United States
  • The abuse of the substance may lead to dependence
  • ex. Opium, Cocaine, Oxycodone, PCP, Crack, Methadone

Schedule III:

  • The substance has less potential for abuse than substances found in Schedule(s) I and II
  • The substance has an accepted medical use in the United States
  • The abuse of the substance may lead some type of dependence
  • ex. Amphetamines, Methamphetamine, Morphine, Steroids, Ketamine, GHB

Schedule IV:

  • The substance has less potential for abuse than substances found in Schedule(s) I and II
  • The substance has an accepted medical use in the United States
  • The abuse of the substance may lead some type of dependence
  • ex. Barbiturates, Xanax, Phenobarbitol

Schedule V:

  • The substance have a low potential for abuse than substances found in Schedule IV
  • The substance has an accepted medical use in the United States
  • The abuse of the substance has a minor chance for dependency
  • ex. are lower doses of the above listed drugs in Schedule(s) I-IV

Criminal Defense Of Drug Charges

First time drug offender who have been arrested and charged with a third or fourth degree drug crimes may be eligible for Pretrial Intervention(PTI) which is a treatment program designed to rehabilitate the defendant, while preventing future serious crimes. If the New Jersey Superior Court agrees to the Pretrial Intervention, it will allow you to replace your jail time with treatment and once the program is successfully completed all criminal charges will be dismissed, allowing you a clean criminal record. It is believed that treatment for drugs is a more appropriate solution than jail time.

You Have Rights! Let Our Firm Help Protect Them!

If you are facing charges in Ocean County or Monmouth County, you should be aware that a conviction can have serious consequences which will impact your life. The attorneys at Villani & DeLuca are experienced in helping people that are facing criminal charges determine the best possible outcome for their case and work toward an effective resolution. Carmine Villani and the lawyers at Villani & DeLuca will be with you every step of the way.

Contact the criminal defense team of Villani & DeLuca today.