Being under the influence of a controlled dangerous substance (CDS) is a disorderly person’s offense. According to the statute N.J.S 2C:35-10(b), it is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance. This charge comes with various penalties, including fines, license suspension, and jail time. If you have been charged for being under the influence of a CDS, you might be wondering what the next steps are. Read on for more information about this charge and how a New Jersey attorney like Leon Matchin can help.
What to Expect
Once charged with being under the influence of a CDS, you can expect a variety of penalties. First, you will be fined up to $1,000. In addition, you can spend up to 6 months in jail. Probation, driver’s license suspension, and getting a permanent criminal charge on your record are also associated consequences. The penalties increase if you were on a school property or within 1,000 feet of a school property. The additional penalty is to perform at least 100 hours of community service.
How a New Jersey Attorney Can Help
When working with a New Jersey attorney like Leon Matchin, the goal is to get charges downgraded or dismissed. Leon will carefully review all of the details and evidence surrounding your case. He will then build a defense. In New Jersey, it is acceptable to be under the influence of a CDS if it is for the purpose of treatment of a sickness or injury. In these cases, it must be prescribed by a physician. If the defendant was under the influence of a CDS for medical reasons, this defense can be used. Be sure to collect all necessary medical prescriptions to use as evidence.
In addition, the prosecutor will have to prove that the police were acting reasonably to make the charge. They must have seen something like needle marks, bloodshot eyes, or difficulty of gait. This is another area where your attorney can build a case. For example, maybe the difficulty of gait was due to an injury. Or maybe the bloodshot eyes were due to seasonal allergies. The most important factor is that you are completely honest with your attorney and share all the information that you can.
After getting charged with being under the influence of a CDS, it is important to contact a New Jersey attorney like Leon Matchin as soon as possible. As one of Leon’s former clients put it, “Leon’s expertise and knowledge helped us make it through a difficult time.” He is extremely experienced when it comes to fighting CDS charges and can help create a defense to get charges dropped or dismissed. Call Leon Matchin today at 732-887-2479, or contact him via email at [email protected] for more information about the services he can provide.