The possession of illegal drugs can result in you being charged with a variety of drug related crimes. For some of these crimes, the punishments are very severe for both adult and juvenile offenders. If you are charged with these types of offenses, you need the representation of an experienced criminal defense lawyer like Howard W. Bailey to protect your rights. Mr. Bailey and the other lawyers at Bailey & Orozco have defended numerous clients who were charged with the possession of illegal drugs, many with other drug related charges involving the intent to distribute, in Newark, Hackensack, Jersey City, Paterson, Morristown, Newark and most other County Superior Courts in New Jersey.

When selecting a criminal defense lawyer, ask the lawyer how much of their practice involves the defense of clients charged with violations of the criminal law. How much experience do they have with the drug related crimes you are charged with? How many cases has he handled involving the type of drugs the State says you had? What is the most complex drug related case he has handled? What is the largest amount of drugs a client has been charged with? When was the last time the lawyer filed a Motion to Suppress in a drug-related case? Was he successful? What is the lawyer's experience with the type of investigation the police used in your case?

Basic Charge Overview

Possession of Drugs

• This is the basic drug charge which is always charged. Possession can be actual, constructive or joint-constructive. The possession of drugs can be shared between people. To convict you, the State must prove that the item is an illegal drug, that you possessed the drug, and that you knew that the drug was illegal to have.

Possession of Drugs with the Intent to Distribute (PWI)

• Once the State has established that you possessed illegal drugs, they can also charge you with PWI if there is a reason to believe you were going to give some of the drugs to someone else. Basically, all the police have to prove is that the drugs you possessed were not for your personal use.

Distribution of Drugs (Dist)

• The distribution of illegal drugs can be as simple as you passing the drugs to another person (such as sharing a marijuana joint). There is no requirement that the distribution of the drugs be in exchange for money.

PWI or Dist of Drugs within 1000' of a School; or,
PWI or Dist of Drugs within 500' of a Public Facility

• Once the State has established that you possessed illegal drugs; and, that you either intended to distribute them (PWI) or actually distributed them to someone else (Dist), the State will look to see if the incident happened within 1000' of a school or 500' of a public facility. The State does not need to establish that you intended to distribute within that area. Merely being present in the area while PWI or Dist illegal drugs is sufficient for the State to convict you.

In addition to these types of basic drug offenses, the criminal code also has charges for a variety of even more severe statutes involving the use of juveniles in drug trafficking; higher grade offenses for larger amounts of illegal drugs; and, being a leader of a drug trafficking network. These types of drug crimes require the experienced criminal defense attorney like Howard Bailey to have specialized knowledge in order to effectively represent you. Ask the lawyer how many of these types of cases he has handled before you decide to retain him.

Consultation with an Attorney

Drug related crimes have harsh sentencing consequences ranging from the mandatory loss of your drivers license, to mandatory periods of parole ineligibility. Some of the drug crimes require the Court to impose a prison sentence, even for a first offense.

If you have been charged with the possession of illegal drugs or other drug related crimes, retain an experienced criminal defense lawyer like Howard Bailey as soon as possible.