Drug Possession

Drug Possession Attorney in Monmouth County

Certified Criminal Trial Defense for CDS Charges Since 2006

A drug possession charge under N.J.S.A. 2C:35-10 carries felony-level consequences: state prison time, fines up to $35,000, a mandatory driver’s license suspension, and a permanent criminal record. These aren’t abstract risks. They follow defendants into job applications, professional licensing boards, and immigration proceedings long after the case closes. At Law Offices of Carlos Diaz-Cobo, we’ve defended criminal matters in Monmouth County since 2006, and we know what’s at stake when you’re facing a controlled dangerous substance charge.

Drug possession is the most common drug charge filed in New Jersey, and defendants who navigate it without experienced counsel too often accept consequences that a stronger defense could have avoided.

If you’ve been charged with drug possession in Monmouth County, contact us today for a free consultation. Call (848) 207-2709 to speak with our team.

Why Monmouth County Defendants Choose Law Offices of Carlos Diaz-Cobo

Our founder, Carlos Diaz-Cobo, holds the NJ Supreme Court’s Certified Criminal Trial Lawyer designation, a distinction fewer than 2% of New Jersey attorneys have earned. That credential reflects a demonstrated command of criminal trial practice, and it matters when your case reaches the Monmouth County Superior Court in Freehold.

Carlos Diaz-Cobo’s recognition extends beyond the certification:

Top 100 Criminal Defense Attorneys in NJ (National Trial Lawyers Association, 2023)
Top Ten Criminal Defense Lawyer Nationwide (National Academy of Criminal Defense Attorneys, 2024)
Criminal Trial Lawyer of the Year (Middlesex County Bar Association)
Featured on ABC, CNN, Fox, NBC, and the Wall Street Journal for criminal defense insight

Our firm is admitted to practice in New Jersey state courts, the NJ Federal District Court, the U.S. Court of Appeals for the 3rd Circuit, and the U.S. Supreme Court. If a drug possession matter escalates to or involves federal charges, we can represent you at that level too.

Carlos Diaz-Cobo is one of the few Latino criminal defense attorneys focusing on this area of law in Monmouth County. We provide full representation in Spanish for clients who are more comfortable communicating in their first language. Navigating the criminal justice system is hard enough without a language barrier in the way.

New Jersey Drug Possession Law: What You Need to Know

N.J.S.A. 2C:35-10 makes it unlawful to knowingly or purposely obtain or possess a controlled dangerous substance (CDS), or its analog, without a valid prescription or legal authorization. The statute covers both actual and constructive possession.

Actual possession means the substance was physically on your person at the time of arrest.
Constructive possession applies when the drug wasn’t on your person but you had knowledge of it and control over the location where it was found, such as a car or a shared residence.
Joint possession means two or more people can be charged simultaneously for possessing the same substance.

New Jersey classifies CDS into five schedules. Schedule I substances, including heroin and MDMA, carry the highest abuse potential and no accepted medical use. Schedules II through V decrease in potential for harm and increase in recognized medical value. The schedule of the substance found determines the grade of the charge.

Penalties for Drug Possession in New Jersey

The consequences of a conviction depend on the substance involved and where the offense occurred.

Third-Degree CDS Possession (Schedules I–IV)

Possession of any Schedule I, II, III, or IV CDS is a third-degree crime, punishable by 3 to 5 years in a New Jersey State Prison and a fine of up to $35,000. First-time offenders face a presumption of non-incarceration, meaning prison isn’t automatic, but a conviction still produces a felony record with lasting consequences.

Fourth-Degree CDS Possession (Schedule V)

Possession of a Schedule V substance is a fourth-degree crime, carrying up to 18 months in state prison and a fine of up to $15,000.

Driver’s License Suspension

Under N.J.S.A. 2C:35-16, any drug conviction results in a driver’s license suspension of not less than six months and not more than two years, regardless of whether a motor vehicle was involved. The court may waive the suspension only upon a finding of compelling circumstances, such as extreme hardship where no alternative means of transportation are available.

School Zone Enhancement

Possessing CDS within 1,000 feet of school property or on a school bus triggers an additional mandatory minimum of 100 hours of community service if no jail sentence is imposed.

Where Your Case Is Heard

Indictable (felony-level) drug possession charges are prosecuted at the Monmouth County Superior Court in Freehold. Disorderly persons offenses are handled at the municipal court in the municipality where the arrest occurred.

Collateral Consequences

A drug possession conviction carries consequences well beyond sentencing. Employment background checks, professional licensing applications, federal financial aid eligibility, and immigration status for non-citizens can all be directly affected by a CDS conviction on your criminal record.

Marijuana Possession Under Current Law

Under P.L. 2021, c. 19, possession of six ounces or less of marijuana is no longer a criminal offense in New Jersey for adults. Possession of more than six ounces remains a fourth-degree crime. Several sources still cite the old penalties, so confirm that any legal advice you receive reflects current law.

How We Defend Drug Possession Charges in Monmouth County

Most drug possession cases begin with a search or seizure, and that’s where defense work often starts too. Carlos Diaz-Cobo has practiced criminal defense at the Monmouth County Superior Court in Freehold since 2006, and our firm handles cases from the initial arrest through trial and, where necessary, appeal in state and federal courts.

Fourth Amendment Suppression Motions

A motion to suppress challenges whether police obtained the substance through a lawful search and seizure. If the motion succeeds, the evidence can be excluded, which may result in the charges being dismissed. We examine whether police had probable cause, whether valid consent was given, whether the plain-view doctrine was properly applied, and whether any warrant was lawfully issued and executed.

Miranda Challenges

Statements made during a custodial interrogation are only admissible if the defendant was properly advised of their rights and the statement was made knowingly and voluntarily. When that standard isn’t met, we move to have those statements excluded.

Contesting the Possession Element

The prosecution must prove beyond a reasonable doubt that you possessed the substance. We examine whether actual or constructive possession can be established on the facts, including situations where drugs were found in a shared space and the defendant lacked knowledge or control over them.

Challenging the Substance Itself

The prosecution must also prove that what was seized was in fact a CDS. We review chain of custody documentation, laboratory testing procedures, and the qualifications of the analyst who tested the substance. Errors in any of these areas can undermine the prosecution’s case.

Speak with a Drug Possession Lawyer in Monmouth County Today

The decisions made in the earliest stages of a drug possession case often shape everything that follows. Law Offices of Carlos Diaz-Cobo offers free consultations for those facing CDS charges in Monmouth County. We’ve been serving clients across Monmouth County, Middlesex County, and New Jersey since 2006, and we provide representation in Spanish for clients who need it.

Call (848) 207-2709 or schedule your free consultation online to speak with a drug possession attorney serving Monmouth County.

Diversion Programs for Drug Possession Defendants in New Jersey

For eligible defendants, New Jersey offers alternatives to a criminal conviction through three diversion programs. Whether any of these options applies to your case depends on the charge, your prior criminal history, and other factors. We can assess your eligibility and advocate for placement if a program fits your situation.

Pretrial Intervention (PTI)

PTI is available to first-time adult defendants facing indictable charges. Defendants who are accepted and successfully complete the program have their charges dismissed with no criminal conviction on their record. It’s the most significant diversion option available at the indictable (felony) level.

Conditional Discharge

The Conditional Discharge program is available to defendants facing disorderly persons drug offenses in municipal court. Like PTI, successful completion results in dismissal without a conviction.

Drug Court

Drug Court is a judicially supervised program combining substance abuse treatment with structured court oversight. It’s available to defendants who meet eligibility criteria and may allow someone to avoid incarceration. It isn’t the right fit for every case, but for defendants whose charges are tied to substance dependency, it can represent a meaningful alternative to traditional prosecution.

Drug Possession Questions We Hear Often

What’s the Difference Between Actual Possession & Constructive Possession?

Actual possession means the drug was physically on your person at the time of arrest. Constructive possession means you weren’t holding the drug, but the prosecution alleges you had knowledge of it and control over the location where it was found, such as a home, car, or shared space.

Can I Be Charged with Drug Possession If the Drugs Weren’t Mine?

Yes. New Jersey law allows for constructive possession charges even when drugs aren’t found on your person. The prosecution still must prove you had knowledge of the substance and some form of control over it. Whether a viable defense exists depends on the specific facts of your case.

What Happens to My Driver’s License If I’m Convicted?

Under N.J.S.A. 2C:35-16, a drug conviction results in a license suspension of not less than six months and not more than two years, regardless of whether a vehicle was involved. The full details, including the court’s waiver standard, are covered in the penalties section above.

Is Marijuana Possession Still Illegal in New Jersey?

Under P.L. 2021, c. 19, possession of six ounces or less of marijuana is no longer a criminal offense for adults. Possession of more than six ounces remains a fourth-degree crime under current law.

What Is Pretrial Intervention & Could It Apply to My Case?

PTI is a diversionary program for first-time adult defendants charged with indictable offenses. Defendants who complete the program have their charges dismissed with no criminal conviction. Eligibility depends on the charge, your criminal history, and other factors. We can review your situation and advise you on whether PTI is a realistic option.

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Aggressive and Affordable Representation

We provide top-tier legal representation at a fair price, ensuring strong, strategic defense without unnecessary financial strain.
Certified Criminal Trial Lawyer

Less than 2% of NJ attorneys hold this certification—Mr. Diaz-Cobo’s expertise and dedication set him apart in criminal defense.
Award-Winning Representation
Recognized as the 2024 Criminal Trial Lawyer of the Year, Mr. Diaz-Cobo has also been named a Top 10 Criminal Defense Lawyer nationwide and a Top 100 Criminal Defense Attorney in New Jersey.
Featured in the Media

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