Simple Possession of a Controlled Substance Lawyer Passaic County — What Are Your Defenses?
Simple possession of a controlled substance in Passaic 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. A conviction creates a permanent criminal record. Law Offices Of SRIS, P.C. provides a strong defense for these charges, focusing on protecting your future. If you are facing a drug possession charge, contact us as early as possible.
Last verified: April 2026 | Superior Court of NJ, Passaic Vicinage | New Jersey Legislature
New Jersey Law on Simple Possession
In New Jersey, “simple possession” means having a controlled dangerous substance (CDS) for personal use without intent to distribute. The severity of the charge depends on the type and amount of the drug. Common substances involved include marijuana, cocaine, heroin, prescription pills without a valid prescription, and MDMA. The state must prove you knowingly possessed the drug. Defenses often challenge the legality of the search that found the drugs or question whether you had control over the substance.
Official Legal Resources
For the full text of the law, refer to N.J.S.A. 2C:35-10 (official New Jersey Legislature site). For local court procedures and forms, visit the Passaic Vicinage Superior Court website.
Local Court Process for a Passaic County Drug Possession Case
Your case will begin in the Passaic County Superior Court. The court handles many drug cases, and outcomes can vary based on the specific facts and your history. An early and strategic defense is critical. The court may offer pre-trial intervention (PTI) for eligible first-time offenders, which can lead to dismissal of charges upon completion.
- Arraignment: You will be formally charged and enter a plea of not guilty.
- Discovery & Pre-Trial Motions: Your lawyer will obtain evidence and may file motions to suppress evidence if the search was unlawful.
- Negotiations & Diversion: Your lawyer will negotiate with the prosecutor for a reduction, dismissal, or entry into a diversion program like PTI.
- Trial or Resolution: If no agreement is reached, your case proceeds to trial. If an agreement is made or you complete a program, the case is resolved.
Potential Penalties for Simple Possession in Passaic County
In Passaic County, simple possession of a controlled substance is typically a disorderly persons offense with penalties that can include jail time, fines, a driver’s license suspension, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Simple Possession (Most Schedules) | Disorderly Persons Offense | Up to 6 months in county jail | Up to $1,000 | Mandatory 6-24 month suspension | Drug Enforcement and Demand Reduction (DEDR) penalty, permanent criminal record |
| Marijuana Under 50g | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | Possible suspension | Same as above |
| Possession of Drug Paraphernalia | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | Possible suspension | Fines and record |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Drug Possession Cases
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to each case. We understand that a drug possession charge is often a stressful event with serious implications for your record, employment, and driving privileges. We approach these cases with a focus on securing a favorable resolution, which may include fighting for case dismissal, reduction to a non-criminal offense, or admission into a diversion program that avoids a conviction.
Case Results and Client Advocacy
Our firm has a documented history of achieving favorable outcomes for clients across our service areas. While specific results in Passaic County vary by case, our overall approach is to meticulously review police reports, challenge the validity of searches, and advocate for alternative resolutions like PTI when appropriate. Every case is unique, and we build a defense strategy based on the specific facts and circumstances you face.
Results may vary. Prior results do not guarantee a similar outcome.
Local Passaic County Defense Services
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Our New Jersey location represents clients throughout Passaic County, including Paterson, Clifton, Wayne, and Passaic City. We are accessible via major highways like I-80 and Route 46. If you need a drug possession defense lawyer Passaic County residents trust for focused representation, contact us for a 24/7 phone consultation. We serve neighborhoods across the county and are familiar with the local court procedures.
Frequently Asked Questions
Is simple possession a felony in New Jersey?
No. Simple possession for personal use is typically charged as a disorderly persons offense, which is similar to a misdemeanor in other states. However, it is still a criminal charge with serious penalties.
Can I get a drug possession charge dismissed in Passaic County?
It depends. Dismissal is possible if the evidence was obtained through an illegal search, if there are problems with the state’s case, or if you successfully complete a pre-trial diversion program like PTI (Pre-Trial Intervention). A personal use defense lawyer Passaic County can evaluate your case for these opportunities.
Will I lose my driver’s license for a drug possession charge?
Yes, in most cases. New Jersey law mandates a driver’s license suspension of 6 to 24 months for a conviction of simple possession, even if no vehicle was involved. Your lawyer may argue for a restricted license for work or school.
What is the difference between possession and possession with intent to distribute?
Possession with intent (PWID) is a much more serious indictable crime (felony). The charge depends on factors like the quantity of drugs, how they are packaged, presence of scales or large amounts of cash, and other evidence suggesting distribution rather than personal use.
Should I talk to the police if I’m charged with simple 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 your lawyer immediately. Anything you say can be used against you.
Related Pages: If you are facing more serious charges, see our page on Federal Criminal Defense in Passaic County. For legal help in neighboring areas, consider our Bergen County civil litigation lawyers. Learn more about our firm’s approach on our New Jersey Criminal Defense hub page.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding a Simple Possession of a Controlled Substance charge in Passaic County.
Your case in Passaic 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 Passaic County that is the Superior Court of NJ, Passaic Vicinage (11th Vicinage), 77 Hamilton Street, Paterson, NJ 07505, telephone (973) 247-8000, 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 Passaic 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: Passaic County NJ lawyers directory · Simple Possession of a Controlled Substance Lawyer Bergen · Simple Possession of a Controlled Substance Lawyer Hudson · Simple Possession of a Controlled Substance Lawyer Monmouth.