Belmar Drug Possession Attorney

Charged with Drug Possession in Belmar, New Jersey?

Have you been placed under arrest, taken down to the Belmar Police Department and charged with possession of a controlled dangerous substance (CDS)? If so, you are not alone. Although the Borough of Belmar is typically considered a quiet little borough eight months out of the year, the other four months sure do help make it one of the busier crime towns in Monmouth County. In fact, each and every summer they are forced to employee more than a dozen other law enforcement agents, known as Special Police Officers to better help patrol the borough. With that being said, possession of a CDS charges, whether it be marijuana, cocaine, MDMA, Ecstasy, Crystal Meth or Oxycontin are very common in Belmar, especially between Memorial Day and Labor Day. That should come of no surprise considering two of the Jersey Shore’s most popular nightclubs/bars; Djais and Bar Anticipation’s are located in the heart of Belmar. If you have been charged with drug possession in Belmar and are summonsed to appear in either the Belmar Municipal Court or the Monmouth County Superior Court, we strongly suggest that you contact an attorney who has experience dealing with these types of charges. A drug possession conviction could not only subject someone to a potential lengthy jail sentence but high fines, a license suspension, a felony criminal record and even court order rehab.

Keith Oliver Criminal Law is a Monmouth County based criminal defense firm that has been defending those accused of possessing a controlled dangerous substance in Borough of Belmar for the better part of the last decade. Our attorneys have dedicated their entire careers to defending those accused of crimes and we are well aware of what a lengthy jail sentence let alone a felony drug conviction can do to someone’s life. If you would like to set up an initial consultation with one of our attorneys, then please contact our office directly at 732.858.6959. Our initial consultations are always free of charge, so if you have any questions whatsoever, please do not hesitate to contact us.

Common Drug Charges Issued in Belmar

Drug possession charges, also known as Possession of CDS, are explained in section NJSA 2C:35-10 of the New Jersey Criminal Code. Depending on the type of drug involved in your case, you will face various penalties and have your case adjudicated in a specific court. Probably the most common drug charge issued in Belmar is the possession of marijuana under 50 grams. This is the lowest level drug possession offense in New Jersey. It is considered a disorderly persons offense and as a result it will be litigated in the Belmar Municipal Court. With that being said, do not be fooled, contrary to what most people believe, this is still a serious offense and if not handled properly, could lead to someone being incarcerated up to six months and saddled with a misdemeanor drug conviction. Some of the other common drug possession charges issued in Belmar include cocaine and MDMA, also known as Molly. Unlike the possession of marijuana, these two drugs are classified as indictable offenses, which is New Jersey’s version of a felony. As such, these charges must be transferred to the Monmouth County Superior Court in Freehold and they will be prosecuted by the Monmouth County Prosecutor’s Office. If convicted, the individual will be facing up to five years in a State Prison, a fine up to $35,000 and saddled with a felony criminal record. So, as you can see, the potential penalties drastically increase.

I was arrested for Drug Possession in Belmar. Now what?

Unlike some of the other states surrounding New Jersey, marijuana is still illegal. If a Defendant is arrested and charged with the possession of marijuana under 50 grams, they will typically be released upon a summons to appear in the Belmar Municipal Court, which is located at 601 Main Street. The Borough of Belmar Municipal Prosecutor, Steven Schuler, will be in charge of prosecuting the case for the State and the Honorable Dennis Lavendar, J.M.C., will be the Judge who presides over the charges. Anyone charged with this offense will be facing the following penalties.

If the drug possession charges revolve around heroin, cocaine, MDMA, crystal meth, Oxycontin, Xanax or GHB, then the charges must be transferred up to the Monmouth County Superior Court, which is located at 71 Monument Street in Freehold to be litigated. Once they are transferred their, a Defendant will be given what is known as a Central Judicial Processing Hearing  (CJP) date. During this proceeding, the Defendant will be advised of his rights and the potential penalties which they are facing. They will then be given a Pre-Indictment Conference (PIC) date where by the prosecution will typically make an a plea offer to the Defendant. If the case is unable to get resolved at the PIC, then the case will be marked for Grand Jury and the case will proceed through the traditional methods of prosecution. It is possible during the PIC to seek to convince the prosecution that the charges should be downgraded from an indictable offense to a disorderly persons offense and remanded back to the Belmar Municipal Court for disposition. This could be a tremendous benefit considering the difference in the potential penalties. The potential penalties for a third degree drug possession charge include:

As you can see, the potential penalties drastically increase for when the drug possession charges are considered an indictable (felony) offense.

How to Defend a Drug Possession Case in Belmar NJ

Almost every drug charge revolves around some form of a search and seizure, regardless of whether the charges stemmed from a motor vehicle stop or not. As a result, drug charges tend to be heavily litigated cases at times. Here are some of the key areas that we look to exploit when it comes to defending drug charges.

To learn more about how to defend your charges, please contact our office and speak to one of our Belmar criminal defense lawyers today.

How Long will a Belmar NJ Drug Conviction Stay on my Record?

There are a lot of different factors that will come into play when trying to determine how long a drug possession conviction will remain on a Defendant’s criminal history for. If the charges are considered a disorderly persons offense (possession of marijuana), then the Defendant must wait 3 years from the date of conviction to file for an expungement. However, if the Defendant obtained a conditional discharge or Pretrial Intervention, then they only have to wait six months from the date of completion of the program to file for the expungement. If the drug possession charges are considered an indictable offense, then the Defendant must wait at least five years, maybe ten depending on the facts to file for an expungement. For more information on expungements, please click the link that corresponds to your situation.

Belmar NJ Drug Possession Lawyer

If you have been charged with a drug possession offense in Belmar, New Jersey, the Keith Oliver Criminal Law can help. Our office has extensive experience representing those accused of drugs crimes and disorderly conduct charges in courts throughout Monmouth County, including the Belmar Municipal Court. If you would like to speak to one of our Belmar drug possession defense lawyers today, then please contact our office at 732.858.6959 or you can try contacting us online. One of our lawyers would be glad to discuss the specific facts of your case and formulate a game plan that works best to suit your needs.