Drug Crimes Attorney in Ocean County

Have Ocean County prosecutors charged you with possession of controlled substances or drug trafficking? Possessing even small quantities of illicit drugs can lead to serious criminal charges. At the same time, larger amounts can put you at risk for criminal penalties that include years in prison and substantial fines.

Thankfully, you don’t have to face the criminal justice system alone after being charged with a drug offense in Ocean County. Hiring experienced legal counsel can help you protect your rights and interests. Contact William Fay, Esq., today for a free, no-obligation initial case evaluation with an aggressive Ocean County drug crime lawyer. Discover your options for seeking a favorable resolution to a prosecution for controlled substance offenses.

Why Hire William Fay for Your Drug Crimes Defense in Ocean County, NJ?

When drug charges put your freedom, reputation, and future on the line, your choice of legal representation may become one of the most important decisions you make. Turn to Mr. Fay for compassionate, reliable legal counsel and advocacy.

As a born-and-bred resident of New Jersey, Mr. Fay’s professional background includes serving as a Deputy Attorney General with the New Jersey Office of the Attorney General. In that role, he observed how prosecutors develop and pursue criminal cases, gaining insights that he now utilizes to craft effective case strategies and achieve positive outcomes for his clients.

Mr. Fay understands that every client has a unique case, so he dedicates the time and effort necessary to thoroughly evaluate the evidence and develop a tailored defense. He also ensures that he remains accessible to clients, keeping regular communication through his direct cell phone line. Mr. Fay handles every aspect of a client’s case from start to finish, never delegating tasks to an associate or junior attorney.

His dedicated, results-driven approach means he vigorously pursues the best results in court while fostering a caring atmosphere outside the courtroom for his clients.

Reach out today for your free, fully confidential case evaluation.

Why Do You Need a Lawyer When Facing Drug Charges?

Due to the dangers posed by the illegal possession and distribution of controlled substances, prosecutors vigorously pursue convictions in drug possession and distribution cases. As a result, you need professional legal advocacy from a defense attorney to help level the playing field.

A drug possession lawyer can help you seek a positive outcome to your charges by doing the following:

• Investigating your charges to recover all available evidence, so you do not have to rely on the case file turned over by the prosecution to build your defense
• Reviewing the facts and circumstances of your case to identify possible legal strategies to pursue
• Explaining your charges in clear, honest terms so you have the knowledge you need to make informed decisions throughout your case
• Zealously advocating for your rights and interests, including seeking to exclude unlawfully obtained evidence from the prosecution’s case, to pursue the best possible outcome to your charges

What Types of Drug Crime Cases Does William Fay Handle?

State law contains numerous drug-related criminal offenses. Examples of charges under New Jersey drug laws that Mr. Fay can help you resolve include the following

What Are Common Defenses in New Jersey Drug Possession Cases?

Even after prosecutors charge you with a drug possession crime, you may have various defense strategies available under the facts and circumstances in your case. Common defenses in New Jersey drug cases include the following:

• Lack of Possession – A defendant may argue that the prosecution’s evidence fails to prove that they ever possessed the controlled substances seized by police.
• Possession of New Jersey Legal Drugs – Defendants may present evidence to show that they lawfully possessed drugs found in their possession, such as a valid prescription for a controlled substance or proving they possessed quantities of marijuana or hashish below the threshold for prosecution.
• Lack of Evidence of Substance Identity – A defendant may challenge the prosecution’s allegations that police seized controlled substances by highlighting the lack of laboratory testing to confirm the substances’ identities.
• Unlawful Searches or Interrogations – Defendants frequently seek to exclude evidence of drugs from a possession or trafficking case by arguing that police obtained the evidence through an illegal search, or that they secured a confession or other inculpatory statements from them in an interrogation that violated their rights.

How Can You Protect Your Rights During and After a Drug Arrest?

During and after an arrest for a drug crime, following specific best practices can help protect your rights and put yourself in the best position to defend against prosecution for controlled substance offenses. Things you should do to protect your rights after a drug arrest in Ocean County include the following:

• Exercise your right to remain silent by politely advising the police that you do not wish to speak, and refrain from answering the officers’ questions or initiating conversations with them.
• Ask to speak to a criminal defense attorney as soon as possible.
• Refrain from contacting any potential witnesses in your case.
• Avoid discussing your charges with family or friends or posting about your case on social media, as prosecutors might use anything you say against you.

What Are New Jersey’s Drug Possession Laws?

Under New Jersey law, a person may commit a crime if they knowingly or purposely obtain or possess a controlled dangerous substance or controlled substance analog, unless they received the substance directly from or pursuant to a valid prescription from a medical practitioner acting in the course of their professional practice.

A person can also commit a crime if they knowingly or purposely manufacture, distribute, or dispense controlled dangerous substances or controlled substance analogs, or if they possess controlled substances with the intent to manufacture, distribute, or dispense.

What Are the Sentences for Drug Felonies and Misdemeanors in New Jersey?

In New Jersey, possession of Schedule I or II drugs constitutes a third-degree crime (felony). Possession of a Schedule III or IV controlled substance also constitutes a third-degree crime. However, possession of a Schedule V drug constitutes a fourth-degree crime, as does possessing more than 6 ounces of marijuana or more than 17 grams of hashish also constitutes a fourth-degree crime. Possessing marijuana or hashish below those quantities cannot lead to a criminal charge or civil penalty.

Possessing drugs for manufacture, distribution, or dispensing, or with the intent to do any of the above, constitutes a more serious offense under New Jersey drug possession laws, with the grading of the offense based on the type of drug and quantities possessed, ranging up to a first-degree crime for the most dangerous drugs possessed in the largest amounts.

Sentences imposed for drug possession charges in New Jersey include the following:

• Fourth-Degree Crime – Up to 18 months in prison and a potential fine of up to $25,000
• Third-Degree Crime – Three to five years in prison and a potential fine of up to $35,000 for possession or $75,000 for possession with intent to manufacture/distribute/dispense
• Second-Degree Crime – Five to 10 years in prison and a potential fine of up to $100,000
• First-Degree Crime – 10 to 20 years in prison and a fine of up to $500,000

A first-degree conviction for possession with intent to manufacture/distribute/dispense also includes a mandatory minimum term of parole ineligibility fixed at or between one-third and one-half of the sentence imposed.

What Are the Different Drug Schedules?

In New Jersey, the Controlled Dangerous Substances Law categorizes drugs into five “schedules” based on each substance’s potential for abuse, risk of physical or psychological dependence, and currently accepted medical uses in the U.S.

Schedule I controlled substances include drugs that have a high potential for abuse and no accepted medical use in treatment in the U.S. or a lack of accepted safety for use in treatment under medical supervision, such as heroin, LSD, mescaline, and psilocybin.

Schedule II controlled substances include drugs that have a high potential for abuse that can lead to severe physical or psychological dependence, but have currently accepted use in treatment or use with severe restrictions, including opium, cocaine, fentanyl, and methadone.

Schedule III controlled substances include drugs that have a lower potential for abuse than Schedule I or II drugs, with abuse potentially leading to moderate or low physical dependence or high psychological dependence, and which have currently accepted uses in medical treatment in the U.S. Such drugs include amphetamine, ketamine hydrochloride, and mixtures containing limited quantities of codeine, opium, or morphine.

Schedule IV controlled substances include drugs that have a still lower potential for abuse but may lead to limited physical or psychological dependence and that have currently accepted use in medical treatment in the U.S., such as barbital.

Schedule V controlled substances include drugs with the lowest potential for abuse and a limited possibility of physical or psychological dependence. These drugs have currently accepted uses in medical treatment in the U.S., including certain mixtures containing restricted quantities of codeine or opium.

Contact an Ocean County Drug Crime Defense Attorney Today

If you face prosecution for state or federal drug charges in Ocean County, you need experienced, dedicated legal counsel to help you fight for a positive outcome and defend your rights, reputation, and future. Contact William Fay, Esq., today for a free, confidential consultation over the phone or in person with a compassionate Ocean County drug crime attorney.