Union County Possession of CDS Lawyer — What Are Your Defense Options?
Possession of a Controlled Dangerous Substance (CDS) in Union County is a serious offense prosecuted in the Superior Court under N.J.S.A. 2C:35-10. A conviction can result in jail time, fines, and a permanent criminal record. If you are facing charges, securing a skilled possession of CDS lawyer Union County is critical. The Law Offices Of SRIS, P.C.
New Jersey Law on Drug Possession
In New Jersey, the term “Controlled Dangerous Substance” (CDS) includes illegal drugs like heroin, cocaine, and methamphetamine, as well as the unlawful possession of prescription medications. The severity of the charge depends on the type and amount of the substance, your prior record, and the location of the alleged offense (e.g., near a school). The statute governing simple possession is N.J.S.A. 2C:35-10.
Last verified: March 2026 | Superior Court of NJ, Union Vicinage | New Jersey Legislature
Official Legal Resources
For the full text of the law, refer to the official N.J.S.A. 2C:35-10 (New Jersey State Legislature). For court procedures and forms, visit the Union Vicinage of the New Jersey Courts website.
Local Court Process for a CDS Case
Your case will begin with an arraignment in the Superior Court, Law Division, in Elizabeth. The prosecution will present evidence, and your attorney will file pre-trial motions, which may challenge the legality of the stop or search that led to your arrest. Many cases are resolved through plea negotiations, but we are prepared to take your case to trial if necessary.
- Initial Consultation: Contact our firm as early as possible after arrest or receiving a summons.
- Case Review & Investigation: We obtain discovery, review police reports, and investigate the circumstances of your arrest.
- Pre-Trial Motions: We file motions to suppress evidence if your rights were violated during the search or seizure.
- Negotiation or Trial: We pursue a favorable resolution, whether through a favorable plea agreement or by advocating for you at trial.
- Sentencing or Diversion: If convicted, we argue for minimal penalties or alternative programs like Pre-Trial Intervention (PTI).
Potential Penalties for CDS Possession in Union County
In Union County, possession of CDS penalties range from a disorderly persons offense with up to 6 months in jail to indictable crimes (felonies) carrying years of imprisonment.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Marijuana (under 50g) | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | Possible suspension | Drug education, community service |
| Possession of Heroin/Cocaine (Schedule I/II) | 3rd Degree Crime | 3-5 years | Up to $35,000 | Mandatory suspension (6-24 months) | Mandatory DEDR penalty, permanent record |
| Possession Near School Zone | Enhanced Degree | Mandatory minimum (e.g., 1-3 years) | Enhanced fines | Mandatory suspension | Parole ineligibility, enhanced penalties |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to each case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. Our approach is built on thorough case investigation and aggressive advocacy.
Case Results
While specific results for possession of CDS in Union County are not publicly listed, our firm has a documented history of achieving positive outcomes in drug-related cases across our service area. This includes motions to suppress evidence skilled to dismissals and negotiations for reduced charges or alternative sentencing programs like PTI.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense Representation in Union County
If you need a possession of CDS lawyer near me Union County, our New Jersey location serves clients throughout the vicinage. Our location is accessible via the NJ Turnpike, Garden State Parkway, and Route 22. We represent individuals from Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield.
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) 651-0900
By appointment only.
We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions
What is considered a CDS in New Jersey?
CDS includes illegal street drugs like heroin, cocaine, LSD, and methamphetamine, as well as prescription medications like opioids or stimulants possessed without a valid prescription. Marijuana is also regulated, though penalties differ.
Can I go to jail for a first-time possession charge?
Yes. Even a first-time possession of certain drugs is a third-degree crime punishable by 3-5 years in state prison. However, an affordable possession of CDS lawyer Union County can often argue for alternative programs like PTI to avoid incarceration.
What is the difference between a disorderly persons offense and an indictable crime?
A disorderly persons offense (like possessing under 50g of marijuana) is handled in Municipal Court with a maximum 6-month jail sentence. Possession of most other CDS is an indictable crime (felony), handled in Superior Court with potential state prison time.
Can evidence be thrown out in my case?
It depends. If the police stopped you without reasonable suspicion or searched you or your property without a warrant or a valid exception, your possession of CDS lawyer Union County can file a motion to suppress. If successful, the case is often dismissed.
What is Pre-Trial Intervention (PTI)?
PTI is a diversion program for first-time, non-violent offenders. If accepted, you complete probationary terms like community service and counseling. Upon successful completion, the charges are dismissed and can potentially be expunged.
Related Legal Services in Union County
If you are facing other charges, our firm can help. We also handle DUI cases in Union County and federal criminal charges. For broader state-level information, see our New Jersey criminal defense hub. We also serve clients in neighboring areas like Bergen County.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Union 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 Union County that is the Superior Court of NJ, Union Vicinage (12th Vicinage), 2 Broad Street, Elizabeth, NJ 07207, telephone (908) 787-1650, 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 Union 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: Union County NJ lawyers directory · Possession of Cds Lawyer Bergen County, NJ · Possession of Cds Lawyer Hudson County, NJ · Possession of Cds Lawyer Monmouth County, NJ.