You may be seriously punished for your drug offense to prevent you from ever committing such an act again. So the New Jersey criminal court will not be happy when you have to defend yourself again for another, similar offense. Read on to discover whether prior convictions influence your current drug charge penalties and how one of the experienced New Jersey & Pennsylvania criminal defense lawyers at The Vigilante Law Firm, PC can help you understand your rights in the matter.
Do prior convictions influence current drug charge penalties in New Jersey?
First things first, you should understand the potential penalties for a first-time drug offense. In this example, we will focus on the penalties for the possession of controlled dangerous substances, which read as follows:
- Third-degree possession of controlled dangerous substances offense:
- A prison sentence of three to five years.
- A fine of anywhere between $35,000 to $75,000.
- Second-degree possession of controlled dangerous substances offense:
- A prison sentence of five to 10 years.
- A fine of approximately $150,000.
- First-degree possession of controlled dangerous substances offense:
- A prison sentence of 10 to 20 years.
- A fine of anywhere between $300,000 to $500,000.
With that settled, you must understand that these potential penalties are harsher for second-time or subsequent drug offenses. That is, heightened prison sentences and fines. For example, say that you were previously charged with third-degree possession of a controlled dangerous substance, and now you are charged with the same offense. Well, the New Jersey criminal court may consider this subsequent charge eligible for an extended term. In other words, the court may treat it as a second-degree offense rather than a third-degree offense. This means you may be up against a possible prison sentence of five to 10 years and a fine of approximately $150,000.
What are my rights during my drug charge case?
You do not want to take the current criminal proceedings for your drug charge lightly. This is especially true if you are up against a mandatory extended term, given your prior drug offense. The best way to proceed forward is to understand your rights and use them to build a strong defense for yourself.
For one, you have the right to a legal search and seizure. So you may challenge that the police officer(s) violated your Fourth Amendment rights at the time of your stop and arrest. If successful, this may make the evidence obtained at the search and seizure inadmissible in court. Ultimately, this may lead to your case getting dismissed entirely.
On the other note, you have the right to possess a controlled substance if you have a valid medical prescription for it. So all that you may need to do is submit your prescription for the drug to the court. Again, the hope is that your case will get dropped.
Do not wait. Retain the services of one of the experienced New Jersey & Pennsylvania criminal defense lawyers from The Vigilante Law Firm, P.C. today. We look forward to hearing from you and taking on your case soon.
