Simple Possession Lawyer Somerset County — What Are Your Defenses?
Simple possession of a controlled substance in Somerset County is a disorderly persons offense under N.J.S.A. 2C:35-10, 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, including personal use defenses. Call (888) 437-7747 for a 24/7 consultation.
New Jersey Law on Simple Possession
In New Jersey, simple possession of a controlled dangerous substance (CDS) is defined under N.J.S.A. 2C:35-10. This statute makes it unlawful to knowingly or purposely possess a CDS, including marijuana, cocaine, heroin, or prescription drugs without a valid prescription. The severity of the charge depends on the type and amount of the substance.
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
For most individuals facing a first-time simple possession charge, the law provides potential pathways to avoid a permanent conviction. A skilled simple possession lawyer Somerset County can evaluate whether you qualify for diversionary programs like Conditional Discharge, which can lead to dismissal of charges upon successful completion.
Official Resources & Court Information
Understanding the official legal framework is critical. The charge is prosecuted in the Somerset County Superior Court, Criminal Division. You can review the official court procedures and rules on the New Jersey Courts website for Somerset Vicinage. The official statute, N.J.S.A. 2C:35-10, is accessible through the New Jersey Legislature’s official site.
Local Defense Strategies in Somerset County
In Somerset County, prosecutors in the Superior Court handle numerous drug possession cases. A common initial strategy for a first-time offender is to seek entry into the Conditional Discharge program under N.J.S.A. 2C:36A-1. This program requires a period of supervised probation, and upon successful completion, the charges are dismissed. Eligibility is not automatic, and the application must be compellingly presented to the judge.
If diversion is not an option, a drug possession defense lawyer Somerset County will challenge the prosecution’s case. Common defenses include:
- Motion to Suppress Evidence: Argue that the drugs were found during an unlawful search or seizure, violating your Fourth Amendment rights.
- Lack of Knowledge or Control: Challenge whether you knowingly possessed the substance, especially in cases involving vehicles or shared spaces.
- Chain of Custody Issues: Question the handling and testing of the alleged substance to create reasonable doubt.
- Negotiated Plea: Work to reduce the charge to a lesser offense with minimal penalties if the evidence is strong.
Potential Penalties for Simple Possession in NJ
In Somerset County, a simple possession conviction as a disorderly persons offense carries a maximum of 6 months in jail, a $1,000 fine, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (Most CDS) | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | Possible 6-24 month suspension | Permanent criminal record, drug offender fines, possible loss of federal benefits |
| Simple Possession (Marijuana under 50g) | Disorderly Persons Offense* | Up to 6 months | Up to $1,000 | Possible suspension | Criminal record, though expungement may be faster |
*Note: New Jersey law is evolving regarding marijuana possession. Always consult an attorney for the current legal status.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm-wide experience spans over 120 combined years, with more than 4,739 documented case results. Our founding attorney, Mr. Sris, is a former prosecutor who understands both sides of the courtroom. This background is important when negotiating with Somerset County prosecutors or arguing motions before a judge. We focus on building a strong, case-specific defense for every client.
Case Results & Client Focus
While specific case results in Somerset County are part of our confidential client records, our firm-wide track record demonstrates our commitment to favorable outcomes. SRIS has handled 4,739+ documented case results with over 93% favorable outcomes across our practice areas. We bring this extensive litigation experience to every simple possession case in Somerset County.
Results may vary. Prior results do not guarantee a similar outcome.
Local Somerset County Legal Support
Our New Jersey location serves clients throughout Somerset County, including Somerville, Bridgewater, Franklin Township, Bound Brook, and Hillsborough. We are familiar with the local courts and procedures at the Somerset County Courthouse in Somerville.
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
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
Frequently Asked Questions
Does New Jersey have cash bail for simple possession charges?
No. NJ abolished cash bail in 2017. Pretrial release for a disorderly persons offense like simple possession is typically determined by a Public Safety Assessment risk score, not money. There are no bail bondsmen in NJ for these cases.
What is Conditional Discharge for simple possession in Somerset County?
It is a diversion program for first-time drug offenders. If granted by the court, you undergo supervised probation. Successful completion results in the dismissal of your simple possession charge, avoiding a conviction. A personal use defense lawyer Somerset County can file the application and advocate for your acceptance into the program.
Can I get a simple possession charge expunged in NJ?
Yes, generally after a 2-year waiting period for a disorderly persons offense. If you completed Conditional Discharge, the dismissal is eligible for expungement immediately. New Jersey’s Clean Slate law has also expanded eligibility. A lawyer can file the petition in Somerset County Superior Court.
What is the difference between a disorderly persons and indictable drug offense?
Simple possession for personal use is typically a disorderly persons offense (misdemeanor equivalent). Possession with intent to distribute is an indictable crime (felony equivalent), heard in Superior Court. The penalties for indictable crimes are far more severe.
Should I just plead guilty to get it over with?
It depends, but rarely is this the best course. A guilty plea creates a permanent criminal record that can affect employment, housing, and education. Always consult a simple possession lawyer Somerset County to explore defenses, diversion programs, or plea negotiations that could yield a better outcome.
Take Action on Your Simple Possession Charge
If you are facing a simple possession charge in Somerset County, time is important. Early intervention by a skilled simple possession lawyer Somerset County can be the key to exploring diversion programs or building a strong defense. Contact Law Offices Of SRIS, P.C. for a confidential case review. We serve clients in Somerville, Bridgewater, Franklin Township, and throughout the county.
Related Legal Services in Somerset County: If you are dealing with other legal issues, we also assist with DUI/DWI defense, family law matters, and immigration cases.
Page Last verified: 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 case in Somerset County.
If you want to see how a Somerset County case fits into the wider process, our page on simple possession lawyer New Jersey covers it from start to finish.
Your case in Somerset 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 Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, 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 Somerset 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: Somerset County NJ lawyers directory · Simple Possession Lawyer Bergen County, NJ · Simple Possession Lawyer Hudson County, NJ · Simple Possession Lawyer Monmouth County, NJ.