Brooklyn, NY asked in Criminal Law for New Jersey

Q: Is my Ocean County, NJ charge 2C:35-1()A(1) Possession CDS/Analog Schd

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

A: Assuming you are talking about 2C:35-10a(1), which is the possession of a controlled dangerous substance in schedule I, II, III, or IV, the short answer is yes. In NJ, felonies are referred to as indictable offenses or crimes and there are 4 degrees. The statute you seem to be citing is a 3rd degree, which has a maximum penalty of 3-5 years in state prison and a $35,000 fine. That level of offense is addressed in the superior court’s criminal division and you should have experienced representation for such a matter.

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

A: Well if you are the same person who wrote the question before this at least now you put 2C in front of it, but something is still wrong in regards to the parathesis, but it seems like it should be 2C:35-1(a)1 which would generally be a third degree offense subjecting the offender from 3 to 5 years in jail. So yes this is a felony as most states consider a felony any crime that has more than 180 days in jail. By the way NJ Does not have felony or misdeameanor classifcations, just criminal offenses so even "misdeameanors" can give you a criminal record in NJ. If you are charged with this offense I suggest that you setup one of the free in office consultations that most of us criminal lawyers offer to learn what can be done to reduce or eliminate the penalties you face.

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