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Drug Possession Attorney in Bergen County

Arrested for Possession? Call (201) 574-7919.

Too often, we get inquiries from people who have made the mistake of minimizing the importance of a citation for illegal drug possession. We get phone calls after the fact — when the caller has been refused a job offer or federal financial aid, or has been arrested on a second drug offense and is facing much more serious penalties.

The hard truth about drug possession charges is that they should always be treated seriously. This is true whether the arrest is for marijuana possession or for possession of other illegal drugs like cocaine, methamphetamines (meth) or prescription narcotics. As a Bergen County drug possession lawyer, Joseph R. Donahue has a much better chance of preventing or minimizing the long-term negative consequences of a drug possession conviction if our firm gets involved as soon as possible.

Arrested for drug possession? Don't face your charges alone. Get defense from our Bergen County drug possession attorney by contacting us today.

Drug Possession Charges in New Jersey

At the criminal defense law office of Law Offices of Joseph R. Donahue, LLC, Mr. Donahue is a former criminal prosecutor with decades' of experience working in New Jersey's criminal courts. We have extensive experience handling serious criminal cases in and around Bergen County, and we believe in using independent investigation and strategic analysis to build strong defenses on behalf of our clients.

If you or someone you know is facing drug possession charges, contact our law firm today to schedule a consultation.

We examine police evidence, interview witnesses and often conduct an independent investigation to answer questions important to defense of a drug possession charge, including:

  • Did the police have reasonable cause to search your car, your home or your person?
  • Did any other people have access to your car, house or clothing? In other words, is it reasonably possible that the drugs found belong to someone else?
  • Did the police accurately calculate the amount of drugs seized? Amounts have a strong impact on the type of criminal charge and the difference between being charged with simple drug possession and possession with intent to distribute.
  • If the drugs found were prescription narcotics without a valid prescription, is there a reasonable explanation?

These and other important questions will help us build the strongest possible defense for your unique case of drug possession charges.

What Are the Penalties for Drug Possession?

In New Jersey, drug possession is considered a serious crime and can result in severe penalties, including fines and imprisonment. The specific penalties for drug possession will depend on the type and amount of drug involved and the individual's prior criminal history. Below are some general guidelines for the penalties for drug possession in New Jersey:

  • Possession of a controlled dangerous substance (CDS) is considered a third-degree crime, punishable by 3-5 years in prison and a fine of up to $35,000.
  • Possession of a CDS with intent to distribute is considered a second-degree crime, punishable by 5-10 years in prison and a fine of up to $150,000.
  • Possession of a CDS in a school zone or public park is considered a second-degree crime and can result in harsher penalties.
  • Possession of a CDS with intent to distribute in a school zone or public park is considered a first-degree crime, punishable by 10-20 years in prison and a fine of up to $500,000.
  • Possession of marijuana is considered a disorderly persons offense, punishable by up to 6 months in jail and a fine of up to $1,000.

It's important to note that these are general guidelines, and each case's specific circumstances will be considered when determining the appropriate penalties. Additionally, a conviction for drug possession can have serious collateral consequences, including difficulty finding employment and housing, and can result in the loss of professional licenses. It is also highly recommended to seek legal representation as a criminal defense attorney can help mitigate the penalties and charges you may face.

Drug Paraphernalia Charges and Penalties

New Jersey residents who are charged with drug possession may also face charges of possession of drug paraphernalia. People facing such violations might have questions about what accusations against them substantiate paraphernalia charges and what additional penalties they may face if they are convicted of possession of paraphernalia. The Department of Justice describes drug paraphernalia as anything that people utilize to use, produce or hide illegal drugs.

Common examples of paraphernalia are:

  • Pipes
  • Roach clips
  • Needles
  • Spoons
  • Cocaine freebase kits

Many items marketed for use with tobacco, such as water pipes or cigarette papers, can also be used to consume drugs. In addition, products marketed as concealed stash boxes or pipes are often considered paraphernalia.

People who are accused of possessing or using drug paraphernalia in New Jersey are typically charged with Disorderly Persons offenses. These charges are similar to misdemeanors and carry a jail term of up to six months. People convicted of paraphernalia charges may also be ordered to pay a fine of up to $1,000. Selling paraphernalia is a felony that carries a term of imprisonment between three and five years and a fine of up to $15,000.

Contact Our Bergen County Defense Law Firm

The earlier you hire a Bergen County drug possession lawyer to help you, the better chance your attorney has at minimizing the negative consequences — and possibly avoiding a conviction altogether.

To schedule a private consultation with our experienced Bergen County drug possession attorney, call (201) 574-7919 or contact us online.


We represent clients in Bergen County, Essex County, Passaic County, Hudson County, Union County, Morris County, Middlesex County, Hackensack, Paterson, Passaic, Jersey City, Newark, Elizabeth, Morristown, Union City, Allendale, Alpine, Bergenfield, Bogota, Carlstadt, Cliffside Park, Closter, Cresskill, Demarest, Dumont, East Rutherford, Edgewater, Elmwood Park, Emerson, Englewood, Englewood Cliffs, Fair Lawn, Fairview, Fort Lee, Franklin Lakes, Garfield, Glen Rock, Hackensack, Harrington Park, Hasbrouck Heights, Haworth, Hillsdale, Ho-Ho-Kus, Leonia, Little Ferry, Lodi, Lyndhurst, Mahwah, Maywood, Midland Park, Montvale, Moonachie, New Milford, North Arlington, Northvale, Norwood, Oakland, Old Tappan, Oradell, Palisades Park, Paramus, Park Ridge, Ramsey, Ridgefield, Ridgefield Park, Ridgewood, River Edge, River Vale, Rochelle Park, Rockleigh, Rutherford, Saddle Brook, Saddle River, South Hackensack, Teaneck, Tenafly, Teterboro, Upper Saddle River, Waldwick, Wallington, Washington Township, Westwood, Woodcliff Lake, Wood-Ridge, Wyckoff and surrounding areas.

Hear From Our Happy Clients

Reviews & Testimonials

At Law Offices of Joseph R. Donahue, LLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "The best lawyer I could have ever asked for"

    The best attorney I have ever met in my life. I was facing four felony gun charges and ended up paying a $100 fine with a ...

    - Patrick
    "An outstanding lawyer who I will always recommend to my family and friends."

    He handled my case effectively. An outstanding lawyer who I will always recommend to my family and friends. He displays a lot ...

    - Recent Client
    "TRUST me and go to him if you need anything, he won't let you down"

    My experience was beyond amazing. I always thought going through the court process and finding a lawyer would be the hardest ...

    - Recent Client
    ""the superior court judge issued a written order reversing the municipal court's guilty decision""

    Our son was arrested and charged with DUI in early December of 2015. We got a lawyer who helped us gather evidence (arrest ...

    - Anonymous Client
    "You and your staff were exemplary in your efforts and performance."

    Dear Joseph: I wish to thank you and the staff for all of your efforts, professional knowledge and timeliness in performing ...

    - Criminal Client
    "Outstanding Legal Professional"

    As a Case Management Consultant, I have referred a number of clients to Mr. Donahue over the years. He is an outstanding ...

    - Advocacy Support Network LLC
    "restored my faith in lawyers"

    Mr. Donahue defended me in DWI,it would have been my 3rd.I would have lost DL for ten years and 180 days in jail. I would ...

    - Ken
    "Outstanding Litigator"

    I am a legal consultant who works with many of the top criminal defense lawyers primarily in Northern and Central New Jersey. ...

    - Client
Our Trial-Tested Approach

We always strive to put our clients in the best position possible, so our immediate goal is to obtain a case dismissal or acquittal. If this cannot be done, we seek to minimize the consequences by all legal means possible, perhaps by pursuing a plea agreement, which could include alternate sentencing that improves the impact on our client’s record. Our Bergen County criminal defense attorney is a resolute advocate who never hesitates to take a case to trial if we feel it is in the best interests of our client. No matter how complex your charges may be, we have the proven expertise and passion to help you achieve a positive outcome. Discover how we can help you today.