Simple Possession of a Controlled Substance Lawyer in Burlington County, NJ — What Are Your Defenses?
Simple Possession of a Controlled Substance under N.J.S.A. 2C:35-10(a) is a disorderly persons offense in Burlington County, carrying up to 6 months in jail and a $1,000 fine. A conviction creates a permanent criminal record. Law Offices Of SRIS, P.C. provides focused defense for these charges, challenging evidence and exploring diversionary programs like Conditional Discharge to protect your future.
Statutory Definition of Simple Possession in New Jersey
In New Jersey, Simple Possession of a Controlled Substance is defined under N.J.S.A. 2C:35-10. The statute makes it unlawful for a person to knowingly or purposely possess a controlled dangerous substance (CDS) without a valid prescription. The severity of the charge and potential penalties depend on the type and quantity of the substance. For many common drugs like marijuana, cocaine, or heroin in small amounts, the charge is typically a disorderly persons offense. The firm, founded in 1997 by former prosecutor Mr. Sris, uses its deep knowledge of these statutes to build defenses.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:35-10 (official New Jersey Legislature site). For local court procedures and forms, visit the Burlington Vicinage website.
Local Defense Strategy in Burlington County
In Burlington County Superior Court, prosecutors often initially offer standard plea deals for first-time simple possession charges. A key local procedural fact is the court’s active use of the Conditional Discharge program (N.J.S.A. 2C:36A-1) for eligible first-time offenders. Successfully completing this program can lead to dismissal of the charge. Our defense approach starts by scrutinizing the legality of the stop, search, and seizure. We examine whether police had probable cause or a valid warrant. If the evidence was obtained unlawfully, we file a motion to suppress, which can lead to the case being dismissed.
- Initial Consultation & Case Review: We analyze your charging documents and the police report to identify weaknesses in the prosecution’s case.
- Investigation & Motion Filing: We investigate the circumstances of your arrest and, if applicable, file a motion to suppress illegally obtained evidence.
- Negotiation & Diversion Advocacy: We negotiate with the prosecutor for a reduction or explore diversion programs like Conditional Discharge or Pre-Trial Intervention (PTI).
- Trial Preparation: If a fair plea cannot be reached, we prepare a vigorous defense for trial, focusing on reasonable doubt.
Potential Penalties for Simple Possession in NJ
In Burlington County, Simple Possession of most controlled substances as a disorderly persons offense carries up to 6 months in jail, a fine of up to $1,000, and a mandatory 6-month driver’s license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (Most CDS) | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | 6-month suspension | Drug Enforcement and Demand Reduction (DEDR) penalty; criminal record |
| Simple Possession (Marijuana under 50g) | Disorderly Persons Offense* | Up to 6 months | Up to $1,000 | Possible suspension | DEDR penalty; criminal record |
Results may vary. Prior results do not guarantee a similar outcome.
*Note: New Jersey law has changed regarding marijuana possession. Possession of 6 ounces or less is no longer a criminal offense for individuals 21+. However, possession of any amount by someone under 21 remains a disorderly persons offense. Legal advice is essential for your specific situation.
Firm Experience in Drug Possession Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to each case. Our firm-wide track record includes over 4,739 case results with a favorable outcome rate exceeding 93%. While specific Burlington County results vary by case, our systematic approach to drug possession defense focuses on protecting clients from the long-term consequences of a conviction.
Case Results & Client Advocacy
Our defense strategies aim for a favorable outcome, which can include dismissal of charges, admission into a diversion program, or reduction to a lesser offense. For example, we have successfully argued motions to suppress evidence, skilled to case dismissals. We have also secured Conditional Discharge for numerous first-time offenders, allowing them to avoid a criminal record upon successful completion of probation. Results may vary. Prior results do not guarantee a similar outcome.
In drug possession cases, having a drug possession defense lawyer Burlington County who understands local court tendencies is important. Similarly, building a strong personal use defense lawyer Burlington County argument can be key to accessing diversion programs instead of facing standard penalties.
Contact Our Burlington County Simple Possession of a Controlled Substance Lawyer
Our New Jersey location serves clients throughout Burlington County, including Mount Holly, Mount Laurel, Moorestown, and Medford. We are accessible via the NJ Turnpike and I-295.
Simple Possession of a Controlled Substance lawyer near Burlington County Courthouse.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (609)-983-0003 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New Jersey Location
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
Frequently Asked Questions
Is Simple Possession of a Controlled Substance a felony in New Jersey?
No. For most common drugs in small amounts, Simple Possession is a disorderly persons offense, which is similar to a misdemeanor in other states. However, possession of larger quantities or specific substances can be charged as an indictable crime (felony).
Can I get a Conditional Discharge for a Simple Possession charge in Burlington County?
It depends. Conditional Discharge is typically available for first-time offenders charged with possession of a controlled substance or drug paraphernalia. You must not have any prior drug convictions or previous Conditional Discharges. The court has discretion, and a strong application supported by your attorney improves your chances.
Will I lose my driver’s license if convicted of Simple Possession?
Yes. A conviction for Simple Possession of a Controlled Substance under N.J.S.A. 2C:35-10 carries a mandatory 6-month to 2-year driver’s license suspension, even if the offense had no connection to driving. This is a critical reason to fight the charge.
What’s the difference between possession for personal use and possession with intent to distribute?
Possession for personal use involves an amount consistent with one person’s consumption, while intent to distribute involves factors like larger quantity, packaging materials, scales, or large amounts of cash. Intent to distribute is a much more serious indictable crime. A personal use defense lawyer Burlington County argues that the facts support only a simple possession charge.
How can a lawyer help with a Simple Possession of a Controlled Substance charge?
A lawyer can challenge the legality of the stop and search, negotiate for a diversion program like Conditional Discharge, argue for a reduction in charges, or take the case to trial. An experienced Simple Possession of a Controlled Substance lawyer Burlington County knows the local prosecutors and judges, which can significantly impact the strategy and outcome of your case.
For more information, see our page on New Jersey Civil Litigation Lawyer. We also assist clients in neighboring areas like Camden County and with related legal matters such as DUI defense in Burlington County.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal guidance regarding your Simple Possession of a Controlled Substance charge in Burlington County.
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 of a Controlled Substance Lawyer Bergen · Simple Possession of a Controlled Substance Lawyer Hudson · Simple Possession of a Controlled Substance Lawyer Monmouth.