Simple Possession Lawyer Burlington County — What Are Your Defenses?
Simple possession of a controlled substance in Burlington County is a disorderly persons offense under N.J.S.A. 2C:35-10(a)(1), carrying up to 6 months in jail and a $1,000 fine. Law Offices Of SRIS, P.C. provides a strong defense for these charges, focusing on personal use defenses and procedural challenges.
New Jersey Law on Drug Possession
In New Jersey, drug possession is governed by the New Jersey Code of Criminal Justice, Title 2C. Simple possession for personal use is typically charged as a disorderly persons offense. The severity and potential outcomes depend heavily on the type and amount of the substance, as well as the defendant’s prior record. A drug possession defense lawyer Burlington County must understand the nuances between simple possession and possession with intent to distribute, as the latter is an indictable crime with far more serious penalties.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of New Jersey’s drug laws, refer to N.J.S.A. 2C:35-10 (official New Jersey Legislature). For local court procedures and forms, visit the Burlington Vicinage website.
Handling a Simple Possession Case in Burlington County
Burlington County handles simple possession cases in its Municipal Courts. New Jersey’s 2017 bail reform means release is based on a risk assessment, not cash bail. A personal use defense lawyer Burlington County will immediately review the stop, search, and seizure for constitutional violations. The prosecution must prove you knowingly possessed a controlled substance. Common defenses challenge the legality of the police stop, the chain of custody of the evidence, or whether the substance was actually for personal use.
- Initial Consultation & Case Review: Contact a lawyer as early as possible after arrest or receiving a summons. Your attorney will get the complaint and police reports.
- Investigation & Motion Filing: Your lawyer investigates the arrest circumstances. They may file motions to suppress evidence if your rights were violated during the search.
- Negotiation & Diversion: For eligible first-time offenders, your attorney will apply for conditional discharge or PTI to avoid a conviction.
- Trial Preparation: If a favorable plea cannot be reached, your lawyer prepares for a bench trial in Municipal Court, challenging the state’s evidence.
- Sentencing or Program Completion: If convicted, your lawyer advocates for minimal penalties. If in a diversion program, they guide you to successful completion for dismissal.
Potential Penalties for Simple Possession in NJ
In Burlington County, a simple possession conviction can result in up to 6 months in the county jail, a $1,000 fine, a 6-month driver’s license suspension, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (Marijuana under 50g) | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | 6-month suspension possible | Drug Offender DNA testing, court costs, fees |
| Simple Possession (Other Controlled Dangerous Substance) | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | 6-24 month suspension | Mandatory fines and penalties, possible DEDR penalty |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Burlington County Courts
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience, our firm has a deep understanding of New Jersey’s drug laws and the Burlington County court system. Our approach is grounded in thorough case investigation and assertive advocacy. We focus on protecting your rights from the initial police encounter through the final disposition of your case.
Case Results & Client Advocacy
Our firm-wide track record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. While specific Burlington County results are part of our confidential client record, our systematic approach to defending drug charges includes challenging unlawful searches, negotiating for diversion programs like conditional discharge, and advocating for reduced penalties. We work to protect your driving privileges and seek expungement when possible.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Burlington County Residents
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 455-5120
By appointment only.
Our New Jersey location serves clients throughout Burlington County. We represent individuals in Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton. Our simple possession lawyer Burlington County team is accessible via the NJ Turnpike, I-295, and Route 130. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions
Is simple possession a felony in New Jersey?
No. Simple possession for personal use is a disorderly persons offense, which is similar to a misdemeanor in other states. However, possession with intent to distribute is an indictable crime (felony).
Can I get a conditional discharge for drug possession in Burlington County?
It depends. First-time offenders charged with simple possession may be eligible for conditional discharge under N.J.S.A. 2C:36A-1. Successful completion of a probationary period results in dismissal. Eligibility hinges on your criminal history and the specifics of the charge.
Will I lose my driver’s license for a drug possession conviction?
Yes, likely. New Jersey mandates a driver’s license suspension of at least 6 months for most drug convictions, including simple possession. A lawyer can argue for exceptions or a restricted license.
What’s the difference between PTI and conditional discharge?
Pre-Trial Intervention (PTI) is for indictable offenses and is handled in Superior Court. Conditional discharge is for disorderly persons offenses like simple possession and is handled in Municipal Court. Both are diversion programs that can lead to dismissal.
How can a lawyer help with a simple possession charge?
A lawyer can challenge the legality of the stop and search, negotiate for a diversion program, argue for reduced penalties, and protect your driving privileges. Their goal is to avoid a conviction or minimize its impact on your life.
Related Legal Help in Burlington County
If you are facing other charges, our firm provides full representation. You may need a Burlington County DUI lawyer or a New Jersey criminal defense lawyer. For matters in neighboring areas, see our Camden County criminal defense page.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Burlington County cases are handled by our New Jersey simple possession practice, where the whole process is set out.
Your case in Burlington County, New Jersey
Indictable charges are heard in the Criminal Part of the Law Division; disorderly-persons offenses are heard in the municipal court where the charge was filed. In Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Burlington County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Burlington County NJ lawyers directory · Simple Possession Lawyer Bergen County, NJ · Simple Possession Lawyer Hudson County, NJ · Simple Possession Lawyer Monmouth County, NJ.