Drug Possession Lawyer Union County NJ | SRIS, P.C.
Drug Possession Lawyer Union County NJ — Your Defense Strategy
Drug possession in Union County, NJ, is prosecuted under N.J.S.A. 2C:35-10, with penalties ranging from a disorderly persons offense to a first-degree crime. A conviction can lead to jail, fines, and a permanent record. Law Offices Of SRIS, P.C. provides a strong defense for clients in Elizabeth and across Union County.
Last verified: April 2026 | Superior Court of NJ, Union Vicinage | New Jersey Legislature
New Jersey Drug Possession Laws
Drug possession is defined under the New Jersey Code of Criminal Justice, specifically N.J.S.A. 2C:35-10. The severity of the charge depends on the type and amount of the controlled dangerous substance (CDS). Possession of marijuana under 50 grams is typically a disorderly persons offense, handled in Municipal Court. Possession of other drugs like cocaine, heroin, or prescription medications without a valid prescription is an indictable crime (felony equivalent), prosecuted in Union County Superior Court. The law also distinguishes between simple possession and possession with intent to distribute, which carries much harsher penalties.
Official Legal Resources
For the full text of the statute, refer to N.J.S.A. 2C:35-10 (official New Jersey Legislature). For court procedures and forms, visit the Union Vicinage website.
Local Court Process for Drug Cases in Union County
The court your case is in depends on the charge. Municipal Courts in Elizabeth, Westfield, or Plainfield handle disorderly persons possession. The Union County Superior Court in Elizabeth handles all indictable drug crimes. New Jersey’s 2017 bail reform means release decisions are based on a risk assessment, not cash bail. A key local option is the Conditional Discharge program for first-time, non-indictable drug offenders, which can lead to dismissal after probation.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will review the evidence and police report for constitutional violations.
- Attend the first court appearance (arraignment) where charges are formally read.
- Negotiate with the prosecutor for a reduction, diversion program (like Conditional Discharge or PTI), or prepare for trial.
- If applicable, complete the terms of a diversion program to achieve dismissal.
In Union County, drug possession penalties vary widely: a disorderly persons offense can bring up to 6 months in jail, while a first-degree crime carries 10-20 years in state prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Marijuana Under 50g | Disorderly Persons | Up to 6 months | Up to $1,000 | Possible 6-24 month suspension | Drug offender fee, conditional discharge possible |
| Cocaine/Heroin Possession | 3rd Degree Crime | 3-5 years | Up to $35,000 | Mandatory 6-24 month suspension | Drug Enforcement and Demand Reduction penalty, felony record |
| Possession with Intent to Distribute | 2nd/1st Degree Crime | 5-20 years | Up to $500,000 | Mandatory suspension | Parole ineligibility, extended term possible |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Drug Possession Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented case results. We understand the high stakes of a drug charge and work to protect your future, exploring every avenue from evidence suppression to diversion programs.
Our Approach to Drug Possession Defense
We actively defend clients in Union County. Our defense strategies begin with a meticulous review of the stop, search, and seizure for Fourth Amendment violations. We challenge the chain of custody of the alleged substance and may file motions to suppress evidence. We aggressively negotiate for entry into diversionary programs like Conditional Discharge or Pre-Trial Intervention (PTI) when appropriate, aiming for dismissal and avoidance of a criminal record.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 758-4477
By appointment only.
Our New Jersey location serves clients at Union County courts. We represent individuals from Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield. For a drug possession attorney Union County NJ residents trust, contact us for a 24/7 phone consultation. Meetings are by appointment only.
Drug Possession Law Firm Union County NJ FAQ
Is drug possession a felony in New Jersey?
No, New Jersey does not use the terms “felony” or “misdemeanor.” Instead, drug possession is charged as either a “disorderly persons” offense (municipal court) or an “indictable crime” (Superior Court), which are the equivalents.
Can I get a conditional discharge for drug possession in Union County?
Yes, if you are a first-time offender charged with a disorderly persons drug possession offense, you may be eligible for Conditional Discharge. This is a probationary program where the charge is dismissed upon successful completion. It is not available for indictable crimes or if you have a prior conditional discharge.
What is the difference between possession and possession with intent to distribute?
Possession means having a controlled substance for personal use. Possession with intent to distribute (PWID) means having drugs with the intent to sell or deliver them. PWID charges are far more serious, based on factors like the quantity of drugs, packaging materials, scales, or large amounts of cash found.
Will I go to jail for a first-time drug possession charge?
It depends. For a first-time disorderly persons possession charge, jail is possible but not mandatory. Courts often offer conditional discharge. For a first-time indictable possession charge, while prison is a possibility, a skilled drug possession lawyer Union County NJ can often negotiate for Pre-Trial Intervention (PTI) to avoid incarceration and a conviction.
How long does a drug possession case take in Union County?
A disorderly persons case in Municipal Court may resolve in 2-4 months. An indictable crime in Superior Court typically takes 6-12 months or longer, depending on case complexity, negotiations, and whether it goes to trial. Diversion programs like PTI add 1-3 years of supervision before dismissal.
For more information, see our New Jersey Criminal Defense Lawyer hub. We also assist clients in nearby areas like Somerset County and Bergen County. If you are facing other charges, consider our Union County DUI Lawyer or Union County Immigration Lawyer.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.