Simple Possession Lawyer Bergen County — What Are Your Defense Options?
Simple possession of a controlled substance in Bergen 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 focused defense for these charges, leveraging knowledge of local court procedures at the Superior Court of NJ, Bergen Vicinage.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
In New Jersey, “simple possession” refers to knowingly or intentionally possessing a controlled dangerous substance (CDS) without a valid prescription, as defined under N.J.S.A. 2C:35-10. This statute is the foundation for most drug possession charges in Bergen County. The severity of the charge depends on the type and quantity of the substance. For many first-time offenders, the law provides potential pathways to avoid a permanent criminal record through diversionary programs, making early intervention by a skilled simple possession lawyer Bergen County critical.
Official New Jersey Legal Resources
For the full text of the law, refer to the New Jersey Statutes Title 2C:35-10 (official New Jersey Legislature site). Court procedures and forms for Bergen County can be found at the Superior Court of NJ, Bergen Vicinage website.
handling a Simple Possession Case in Bergen County
In Bergen County, simple possession cases for marijuana, cocaine, or prescription pills are typically heard in the Superior Court’s Criminal Division if charged as a disorderly persons offense. New Jersey’s bail reform means release is based on a risk assessment, not cash. A key local procedural fact is the availability of Conditional Discharge for first-time, non-indictable drug offenses. This program allows for supervised probation, and upon successful completion, the charges are dismissed.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will review the police report, evidence, and circumstances of the stop for constitutional violations.
- Evaluate eligibility for Pre-Trial Intervention (PTI) or Conditional Discharge based on criminal history and substance type.
- Negotiate with the Bergen County Prosecutor’s Office for a favorable disposition, which may include dismissal, reduction, or diversion.
- If no agreement is reached, prepare for trial and challenge the state’s evidence.
- If convicted, advocate for minimal penalties and explore expungement options after the waiting period.
Potential Penalties for Simple Possession in Bergen County
In Bergen County, simple possession of a controlled substance is a disorderly persons offense with a maximum penalty of 6 months in county jail and a $1,000 fine, plus mandatory fines and driver’s license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (N.J.S.A. 2C:35-10(a)) | Disorderly Persons Offense | Up to 6 months | Up to $1,000 + mandatory DEDR penalties | 6-24 month suspension | Drug Enforcement and Demand Reduction (DEDR) penalty, possible probation, permanent criminal record. |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Drug Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm-wide experience includes over 120 combined years in practice and more than 4,739 documented case results. We approach each simple possession case with an understanding that a conviction can impact employment, education, and housing, focusing on strategies to protect your future.
Documented Case Results
While specific local results are proprietary, our firm-wide track record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. These results span dismissed charges, reductions, and successful completions of diversion programs like Conditional Discharge for clients facing drug possession charges.
Results may vary. Prior results do not guarantee a similar outcome.
Simple Possession Lawyer Near Bergen County, NJ
Our New Jersey location serves clients at Bergen County courts. We represent individuals from Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst.
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) 651-3900
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is Conditional Discharge for drug possession in NJ?
Yes. Conditional Discharge is a diversion program for first-time offenders charged with simple possession (disorderly persons offense). If granted by the court, you serve probation. Successful completion results in dismissal of the charges, avoiding a conviction.
Does New Jersey have cash bail for drug charges?
No. NJ abolished cash bail in 2017. Release after arrest for simple possession is determined by a Public Safety Assessment score that evaluates flight risk and danger, not ability to pay money.
Can I get a drug possession charge expunged in Bergen County?
It depends. If convicted, you must wait 5 years (indictable) or 2 years (disorderly persons) to petition for expungement. Charges dismissed after Conditional Discharge or PTI are eligible for expungement after 6 months. A lawyer can review your specific eligibility.
What’s the difference between a disorderly persons and indictable drug charge?
Simple possession for personal use is typically a disorderly persons offense (misdemeanor equivalent). Possession with intent to distribute is an indictable crime (felony equivalent). The classification drastically changes the potential penalties and court process.
Will I lose my driver’s license for a drug possession conviction?
Yes. A conviction for simple possession under N.J.S.A. 2C:35-10 carries a mandatory driver’s license suspension of 6 to 24 months, regardless of whether a vehicle was involved in the offense.
Related Legal Information
If you are facing other charges, our firm also handles DUI defense in Bergen County and criminal defense across New Jersey. For cases in neighboring areas, see our page for a criminal defense lawyer in Morris County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
The same rules apply outside Bergen County, and our page on simple possession charges across New Jersey walks through each stage.
Your case in Bergen 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 Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, 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 Bergen 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: Bergen County NJ lawyers directory · Simple Possession Lawyer Hudson County, NJ · Simple Possession Lawyer Monmouth County, NJ.