Aberdeen Drug Charge Lawyer - NJSA 2C:35-10

July 15, 2011

Most drug arrests in Aberdeen are made by local police. However, some Aberdeen drug charges are also made by New Jersey State Police, who patrol a sliver of the Garden State Parkway that passes through the township. If you are facing drug charges in Aberdeen, call to speak with a New Jersey drug charge lawyer.

Marijuana arrests in Aberdeen are the most common drug charges that are filed in the township. The strong smell that both raw and burnt marijuana gives off makes it easy to identify by police. The effects of the drug, including the tendency to make eyes bloodshot also helps police determine whether someone is under the influence of marijuana. Both adults and Aberdeen juvenile drug charges are commonly filed in the township. Adult charges will be heard either in the local Aberdeen Municipal Court or the Monmouth County Superior Court depending on the severity of the offense. However, all juvenile drug arrests in Aberdeen will be dealt with in the Monmouth County Juvenile Court in Freehold.

While relatively uncommon, NJ police can charge you with a DWI for driving under the influence of marijuana (NJSA 2C:35-10(a)4). Like all drug DWI charges, a first offense conviction for driving under the influence of marijuana carries a minimum driver's license suspension of 7 months. Simply being under the influence of marijuana is also a criminal offense in New Jersey. Simple possession, use, or being under the influence of marijuana is a disorderly persons offense in New Jersey.

Aberdeen Township has seen a spike in recent years of arrests for prescription pills such as oxycontin and other painkillers. Most of these are opiate base and have a chemical structure similar to heroin. Prescription painkillers are easy to hide, odorless, and scentless. This is one reason they are so popular with young adults. This also poses a challenge to police and makes it more difficult for them to conduct a lawful search. Prescription pills like roxycodone and oxycontin are also highly addictive.

The extremely addictive nature of these controlled dangerous substances (CDS in NJ) also commonly leads to the commission of other crimes. These include the charges of Attempting to Obtain CDS by fraud, in violation of NJSA 2C:35-13; the charge of Conspiracy, contrary to NJSA 2C:5-1; the charge of Uttering a Forged Instrument, which violates NJSA 2C:21-1a(3); and Forgery, contrary to NJSA 2C:21-1(a). This occurs as users attempt to obtain pills from pharmacists and doctors.

Some pharmacists and doctors find themselves on the wrong end of the law and are charged with filling scripts they know are fake and sometimes even selling pills without any script at all. If you have been charged with possession of CDS in Aberdeen, I can help.

We will ensure that you are properly represented, obtain all evidence and discovery, and try to show that the police search was illegal. While most police officers are highly trained and skilled, mistakes are often made. Sometimes police are anxious to make an arrest and hastily decide to search your car, house, or person without just cause. Call to speak with a Monmouth County drug charge lawyer to see how your Aberdeen drug arrest can be defended.