Simple Possession Lawyer in Passaic County, NJ — What Are Your Options?
Simple possession of a controlled substance in Passaic County is a disorderly persons offense under N.J.S.A. 2C:35-10, carrying up to 6 months in jail. Law Offices Of SRIS, P.C. provides focused defense for these charges, exploring options like conditional discharge to avoid a permanent record.
New Jersey Law on Drug Possession
In New Jersey, the possession of controlled dangerous substances (CDS) is governed by Title 2C of the New Jersey Code of Criminal Justice. Simple possession for personal use is typically charged as a disorderly persons offense. The severity and potential defenses depend heavily on the type and amount of substance, as well as the circumstances of the arrest.
Last verified: April 2026 | Superior Court of NJ, Passaic Vicinage | New Jersey Legislature
Official Legal Resources
For the full text of the statute, refer to N.J.S.A. 2C:35-10 (official New Jersey Legislature). For local court procedures, visit the Passaic Vicinage website.
Local Defense Strategy for Passaic County
In Passaic County, a simple possession lawyer Passaic County knows that Municipal Courts handle these cases. New Jersey’s conditional discharge program (N.J.S.A. 2C:36A-1) is a critical first-time offender option. Successfully completing supervision results in dismissal, but eligibility is strict. A drug possession defense lawyer Passaic County will also scrutinize the police report for Fourth Amendment violations. Was there probable cause for the stop? Was the search lawful? Suppressing the evidence often leads to a dismissed charge.
- Secure immediate legal representation before any court appearance.
- Your attorney will obtain and review all police reports, lab reports, and body-camera footage.
- Evaluate eligibility for Pre-Trial Intervention (PTI) for indictable charges or conditional discharge for disorderly persons offenses.
- File necessary motions to challenge the stop, search, or seizure if constitutional violations exist.
- Negotiate with the municipal prosecutor for a favorable disposition, such as dismissal or entry into a diversion program.
- If no favorable plea is possible, prepare for trial and challenge the state’s evidence.
Potential Penalties for Simple Possession in NJ
In Passaic County, a simple possession charge as a disorderly persons offense can result in up to 6 months in jail, fines, and a permanent criminal record that affects employment and housing.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (Personal Use) | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | Possible 6-24 month suspension for drug-related MVC offense | Criminal record, loss of federal student aid, professional license issues |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to each case. Our firm-wide track record includes 4,739+ documented case results. We understand that a possession charge, even for personal use, can have long-term repercussions. Our approach is to seek the most favorable resolution possible, whether through diversion, negotiation, or trial.
Case Results in Passaic County
While specific local results are protected by attorney-client privilege, our firm’s extensive practice in New Jersey includes favorable outcomes in drug possession cases. Strategies have included successful motions to suppress evidence, entry into conditional discharge programs resulting in dismissal, and negotiations for reduced charges. A personal use defense lawyer Passaic County focuses on protecting your future from the collateral consequences of a conviction.
Results may vary. Prior results do not aim for a similar outcome.
Passaic County Simple Possession Defense Lawyer Near You
Our New Jersey location serves clients throughout Passaic County. We are accessible via I-80, Route 46, and Route 23, representing individuals in Paterson, Clifton, Wayne, and surrounding communities.
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) 651-9900
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Is simple possession a felony in New Jersey?
No. Simple possession of a controlled dangerous substance (CDS) for personal use is typically charged as a disorderly persons offense, which is New Jersey’s equivalent of a misdemeanor. However, possession with intent to distribute is an indictable crime (felony).
What is conditional discharge for drug possession?
Conditional discharge is a diversion program for first-time offenders charged with simple possession. If you successfully complete a period of supervision (typically 1-3 years), the charge is dismissed and may be eligible for expungement. You must plead guilty to enter the program, but a violation can result in a conviction.
Can I get a possession charge expunged in NJ?
It depends. Dismissed charges (e.g., through conditional discharge) can be expunged after 6 months. A conviction for a disorderly persons offense like simple possession generally requires a 5-year waiting period from the date of your final conviction, payment of fines, and completion of probation/sentence.
Should I talk to the police if I’m charged with possession?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and request to speak with a lawyer immediately. Anything you say can be used against you in court.
What does a drug possession defense lawyer do?
A drug possession defense lawyer Passaic County will investigate every aspect of your case. This includes challenging the legality of the traffic stop or encounter, the basis for any search, the chain of custody of the alleged substance, and the accuracy of lab tests. They will also advise you on diversion programs and negotiate with prosecutors.
If you are facing a simple possession charge in Passaic County, contact a simple possession lawyer Passaic County at Law Offices Of SRIS, P.C. for a confidential case review. Call (888) 437-7747.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.