Simple Possession of a Controlled Substance Lawyer Middlesex County — What Are Your Defenses?
Simple possession of a controlled substance in Middlesex County is a disorderly persons offense under N.J.S.A. 2C:35-10(a), carrying up to 6 months in jail and a $1,000 fine. Law Offices Of SRIS, P.C. provides a strong defense focused on challenging evidence and protecting your future. A conviction can impact employment, housing, and professional licenses.
New Jersey Drug Possession Law
In New Jersey, the charge of simple possession is defined under N.J.S.A. 2C:35-10(a). This statute makes it unlawful for any person, knowingly or purposely, to obtain, possess, or use a controlled dangerous substance (CDS) without a valid prescription. The severity of the charge and potential penalties depend on the schedule and quantity of the drug involved. For most common substances like marijuana, cocaine, or heroin in small amounts, the charge is typically a disorderly persons offense.
Last verified: April 2026 | Superior Court of NJ, Middlesex Vicinage | New Jersey Legislature
Official Legal Resources
Understanding the specific law you are charged under is critical. You can review the official New Jersey statute for simple possession at the N.J.S.A. 2C:35-10 (official New Jersey Legislature site). For local court procedures and forms, visit the Middlesex Vicinage Superior Court website.
Local Court Process for Drug Possession Cases
In Middlesex County, simple possession cases are heard in the Superior Court, Criminal Division. The court follows strict procedural timelines under New Jersey’s Criminal Justice Reform Act. An initial appearance is required, where bail conditions are set. The case then proceeds through discovery, pre-trial conferences, and potentially a trial. Prosecutors in Middlesex County often offer pre-trial intervention (PTI) programs for first-time offenders charged with simple possession for personal use, which can lead to dismissal upon successful completion.
- Arraignment and plea entry at the Middlesex County Courthouse in New Brunswick.
- Your attorney files motions to suppress evidence if search/seizure was unlawful.
- Negotiate with the prosecutor for PTI, conditional discharge, or a reduced charge.
- Prepare for trial if no acceptable plea agreement is reached.
Potential Penalties for Simple Possession
In Middlesex County, simple possession of a controlled substance carries penalties of up to 6 months in jail, fines up to $1,000, a mandatory 6-month driver’s license suspension, 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 | 6-month suspension | Drug enforcement fund penalty, permanent record |
| Marijuana Under 50g | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | Possible suspension | Community service may be ordered |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Middlesex County Courts
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to drug possession defense. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the local tendencies of Middlesex County prosecutors and judges, which informs our strategic approach to every case.
Case Results & Defense Strategy
While specific local case counts are not published, our firm-wide results demonstrate our commitment to vigorous defense. We focus on challenging the legality of the stop and search, the chain of custody of the alleged substance, and proving the substance was for personal use. A skilled drug possession defense lawyer Middlesex County can often negotiate for PTI or conditional discharge, avoiding a permanent conviction.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Middlesex County Residents
Our New Jersey location serves clients across Middlesex County. We are accessible to those in New Brunswick, Edison, Woodbridge, Old Bridge, Piscataway, Perth Amboy, and surrounding communities. If you need a simple possession of a controlled substance lawyer Middlesex County, we offer 24/7 phone consultations.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
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 most controlled substances is classified as a disorderly persons offense in New Jersey, which is similar to a misdemeanor in other states. However, it remains a serious criminal charge with jail time and fines.
Can I get a drug possession charge expunged in NJ?
It depends. Most disorderly persons offenses, including simple possession, are eligible for expungement after a waiting period (typically 5 years from completion of sentence). Successfully completing Pre-Trial Intervention (PTI) allows for immediate expungement eligibility upon dismissal of the charges.
What is the “personal use” defense?
A personal use defense lawyer Middlesex County argues that the small quantity and circumstances of possession indicate the drugs were for the defendant’s own consumption, not for distribution. This is critical because distribution charges carry far more severe penalties than simple possession.
What is New Jersey’s Conditional Discharge program?
Conditional Discharge is a diversion program for first-time offenders charged with simple possession. The case is suspended while you complete probation, often including drug counseling. Successful completion results in dismissal of the charges.
Will I lose my driver’s license for a drug possession charge?
Yes, in most cases. N.J.S.A. 2C:35-16 mandates a 6-month to 2-year driver’s license suspension upon conviction for simple possession, even if no vehicle was involved. Your attorney can petition the court for restricted driving privileges for work or school.
Related Legal Help in Middlesex County
If you are facing other charges, our firm also provides representation for business law, DUI/DWI, and federal criminal defense in Middlesex County. For a broader view of our drug possession defense practice, visit our New Jersey criminal defense hub page. We also serve neighboring counties like Bergen County and Burlington County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Middlesex County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Middlesex County that is the Superior Court of NJ, Middlesex Vicinage (6th Vicinage), 56 Paterson Street, New Brunswick, NJ 08903, telephone (732) 981-3000, 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 N.J.S.A. 2C:14-2 (aggravated sexual assault) within the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Middlesex 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: Middlesex County NJ lawyers directory.