Camden, NJ asked in Criminal Law for New Jersey

Q: I got caught with 2 lil pebbles of crack 10 dollars worth am i goin to jail i dont have a record im in jersey

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2 Lawyer Answers
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: There is a difference between not having a record and not having a prior criminal charge. If you have no prior criminal charges a good lawyer should be able to keep you out of jail. That being said no attorney by law can guarantee a result and in general the better the lawyer you hire the better your chances are of staying out of jail.

Amber Forrester
Amber Forrester
Answered
  • Criminal Law Lawyer
  • Trenton, NJ
  • Licensed in New Jersey

A: Possession of any amount of cocaine (powder or rock) is a 3rd degree felony in NJ and carries a maximum exposure of 3-5 years of state prison. Distribution or intent to distribute can make it a higher charge, but that doesn't appear to be at issue here. Likely sentence, however, depends significantly on your criminal history, which county is charging the offense, and how the case is resolving. If it's by way of plea agreement in a county that allows for pre-indictment plea agreements (many counties that have big cities and high volume of cases try to make deals early to keep caseloads manageable) and you have a limited arrest record, non-custodial probation may be an option. If you're eligible for PTI (a diversion program that allows a person to avoid a conviction entirely), that may be an option. There are many variables, but an experienced criminal defense attorney will be able to review your history and advise you on your best possible outcome.

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