Simple Possession of a Controlled Substance Lawyer in Union County, NJ
Simple possession of a controlled substance in Union County is a serious offense under N.J.S.A. 2C:35-10, carrying potential jail time, fines, and a permanent criminal record. A conviction can disrupt employment, housing, and educational opportunities. The Law Offices Of SRIS, P.C. provides a strong defense for individuals charged with drug possession in Elizabeth and across Union County.
Understanding Simple Possession Charges in New Jersey
In New Jersey, the offense of simple possession is defined by statute N.J.S.A. 2C:35-10. This law makes it unlawful for a person to knowingly or purposely obtain, possess, or use a controlled dangerous substance (CDS) without a valid prescription. The severity of the charge depends on the type and quantity of the drug involved, with penalties ranging from a disorderly persons offense to an indictable crime (felony).
Last verified: April 2026 | Superior Court of NJ, Union Vicinage | New Jersey Legislature
Official Legal Resources
For the official statute, refer to N.J.S.A. 2C:35-10 (New Jersey Legislature). For court procedures and information, visit the Union Vicinage Superior Court website.
Local Court Process for Drug Possession Cases in Union County
Drug possession cases in Union County typically begin in the Superior Court, Law Division-Criminal Part, located in Elizabeth. The process is governed by strict rules and timelines. Prosecutors in the Union County Prosecutor’s Office handle these cases, and local court procedures can impact the strategy for a personal use defense.
- Arraignment and Plea: You will be formally advised of the charges and enter a plea of not guilty.
- Discovery and Pre-Trial Motions: Your attorney will obtain all evidence and may file motions to suppress evidence or dismiss charges.
- Negotiation and Potential Diversion: Your lawyer will negotiate with the prosecutor, potentially seeking PTI, a conditional discharge, or a plea to a lesser offense.
- Trial or Disposition: If no agreement is reached, your case will proceed to trial. Otherwise, the case is resolved per the negotiated terms.
Potential Penalties for Drug Possession in NJ
In Union County, simple possession of a controlled substance carries penalties based on the drug’s schedule, ranging from up to 6 months in jail for marijuana to 3-5 years in prison for heroin or cocaine.
| Substance (Schedule) | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Marijuana (under 50g) | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | Possible 6-24 month suspension | Drug education, community service |
| Heroin/Cocaine (Schedule I/II) | 3rd Degree Crime | 3-5 years | Up to $35,000 | 6-24 month suspension | Mandatory fines, parole supervision |
| Prescription Drugs (Schedule III/IV) | 3rd or 4th Degree Crime | Up to 18 months (4th degree) | Up to $15,000 | Possible suspension | Loss of professional licenses |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Union County Drug Possession Case
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 the high stakes of a drug possession charge and are committed to protecting your record and your future.
Case Results and Client Advocacy
While specific locality results are not published, our firm’s extensive experience across New Jersey courts informs our defense strategies for simple possession of a controlled substance in Union County. We aggressively pursue all avenues for a favorable resolution.
Results may vary. Prior results do not guarantee a similar outcome.
Local Drug Possession Defense Serving Union County, NJ
Our New Jersey location is strategically located to serve clients facing charges at the Union County Courthouse in Elizabeth and throughout the 12th Vicinage. We represent individuals in Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield.
Availability: 24/7 phone consultations — meetings by appointment only.
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.
Frequently Asked Questions: Simple Possession in Union County
Is simple possession of a controlled substance a felony in New Jersey?
Yes, for most hard drugs like heroin or cocaine, simple possession is classified as a third-degree indictable crime, which is equivalent to a felony. Possession of a small amount of marijuana may be a disorderly persons offense.
Can I get a drug possession charge dismissed in Union County?
It depends. Dismissal is possible if your drug possession defense lawyer Union County successfully challenges the legality of the stop, search, or seizure. Evidence obtained in violation of your rights may be suppressed, often skilled to dismissed charges.
What is a “personal use” defense?
A personal use defense lawyer Union County argues that the small quantity of drugs found indicates possession for personal consumption only, not for distribution. This distinction is critical, as distribution charges carry far more severe penalties than simple possession.
Am I eligible for Pre-Trial Intervention (PTI) for a first-time possession charge?
Yes, first-time offenders charged with simple possession are often prime candidates for PTI. Successful completion results in dismissal of charges. Eligibility depends on the specific substance, your background, and the prosecutor’s recommendation.
Will a drug possession charge appear on a background check?
Yes, a conviction will appear. However, an experienced attorney may secure a conditional discharge or PTI, which can keep your record clean upon successful completion. An expungement may be possible years after a conviction.
Internal Resources: For more on criminal defense in New Jersey, see our New Jersey Criminal Defense hub page. For related legal issues in the area, consider our pages for Union County DUI defense or federal criminal defense. We also serve neighboring areas like Bergen County.
Page last verified and updated: April 2026. Laws and procedures change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding simple possession of a controlled substance in Union County.
Your case in Union 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 Union County that is the Superior Court of NJ, Union Vicinage (12th Vicinage), 2 Broad Street, Elizabeth, NJ 07207, telephone (908) 787-1650, 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 Union 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: Union 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.