Simple Possession Lawyer New Jersey — What Are Your Defense Options?
Simple possession of a controlled dangerous substance (CDS) in New Jersey is a serious criminal charge under N.J.S.A. 2C:35-10(a). A conviction can lead to jail time, fines, and a permanent record. As a dedicated Simple Possession Lawyer New Jersey, the Law Offices Of SRIS, P.C. provides a strong defense against these charges. We challenge evidence and seek a favorable outcome for your case.
New Jersey Law on Simple Possession
In New Jersey, simple possession is defined by statute N.J.S.A. 2C:35-10. It is generally a disorderly persons offense, which is New Jersey’s equivalent of a misdemeanor. However, the severity and penalties depend heavily on the type and amount of the substance involved. For example, possession of marijuana under 50 grams is now treated differently under recent decriminalization laws, while possession of other drugs like heroin, cocaine, or prescription medications without a valid prescription remains a criminal act.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to the New Jersey Statutes Title 2C:35-10 (official New Jersey Legislature site). For court procedures and forms, visit the New Jersey Courts website.
Defending Simple Possession Charges in New Jersey
Successfully defending a simple possession charge requires a detailed, case-specific approach. A common local procedural fact is that many cases originate from motor vehicle stops. Police must have had a valid reason (probable cause) to stop you and search your vehicle or person. If they did not, the evidence may be suppressed. In municipal courts, prosecutors may be willing to consider pre-trial intervention (PTI) for first-time offenders, which can lead to a dismissal upon completion.
- Case Review: Your criminal attorney will obtain all police reports, lab results, and body-camera footage to review the state’s evidence.
- Motion to Suppress: If the search or seizure violated your rights, your defense lawyer will file a motion to suppress the evidence, which can lead to the case being dismissed.
- Negotiation: Your attorney will negotiate with the prosecutor for a reduction in charges, entry into a diversion program like PTI, or a favorable plea agreement.
- Trial Preparation: If a fair plea cannot be reached, your criminal court lawyer will prepare a full defense for trial, challenging the prosecution’s evidence and witnesses.
Potential Penalties for Simple Possession in NJ
In New Jersey, simple possession of most drugs is a disorderly persons offense carrying up to 6 months in jail, fines up to $1,000, and a 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 | 6-24 month suspension | Drug education program, probation, permanent criminal record |
| Marijuana (Over 6 oz.) | 4th Degree Crime | Up to 18 months | Up to $25,000 | Possible suspension | Indictable offense on record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your 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 every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand that a simple possession charge can disrupt your life, and we work to protect your future, your record, and your freedom.
Our Approach to Simple Possession Cases
The Law Offices Of SRIS, P.C. has extensive experience defending against drug charges across New Jersey. We focus on the specific details of your arrest. Was the search legal? Was the substance properly identified and handled? We build a defense designed to create reasonable doubt or secure an alternative resolution that avoids a permanent conviction.
Results may vary. Prior results do not guarantee a similar outcome.
Contact a Simple Possession Lawyer New Jersey Today
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 455-2770
By appointment only.
Our Tinton Falls location serves clients throughout Monmouth County and nearby areas. If you need a Simple Possession Lawyer New Jersey near Tinton Falls, Red Bank, or Long Branch, we are accessible. We offer 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only.
Frequently Asked Questions
Is simple possession a felony in New Jersey?
No. For most substances, simple possession is a disorderly persons offense, which is similar to a misdemeanor. However, possession of larger amounts of marijuana or other specific circumstances can be charged as an indictable crime (felony).
Can I get a simple possession charge expunged?
It depends. New Jersey law allows for the expungement of most disorderly persons offenses, including simple possession, after a waiting period (typically 5 years from completion of your sentence). An attorney can advise if you are eligible.
Will I go to jail for a first-time simple possession charge?
Not necessarily. For a first-time offense, a skilled criminal charges defense attorney can often negotiate for pre-trial intervention (PTI), conditional discharge, or a plea that avoids jail time. The goal is to keep you out of jail.
What is the difference between possession and possession with intent to distribute?
Possession is for personal use. Possession with intent to distribute (PWID) implies you planned to sell the drugs. PWID is a much more serious indictable crime with severe mandatory penalties. The prosecution uses factors like quantity, packaging, and scales as evidence of intent.
Should I talk to the police if I’m arrested for possession?
No. You have the right to remain silent. Politely state that you wish to speak with an attorney before answering any questions. Anything you say can be used against you in court.
New Jersey law governs this practice area.
A simple possession case is one part of general federal criminal defence work, and our page on treason lawyer New Jersey covers the wider process.