Drug Crimes

Daniel M. Rosenberg & Associates is an experienced criminal defense law firm specializing in defending drug convictions for juveniles and adults.

If you are an adult or juvenile who has been charged with a drug crime in Burlington County, NJ it is important to obtain experienced and committed legal guidance. The following are potential drug charges in New Jersey:

The specific sentence you face upon conviction of a drug crime will be based on a variety of factors, including the type and the amount of drug that was associated with the specific crime. Drug Charges can range include a sentence to any of the following:

First Degree10-20 years
Second Degree5-10 years
Third Degree3-5 years
Fourth Degree18 months
Disorderly Persons6 months
Petty Disorderly Persons30 days

In addition to jail time, you may also be subject to random urine testing and inpatient drug treatment programs. Drug charges in New Jersey are often times accompanied by a drug problem or addiction, such as Opiate addiction. The Drug Court Program is a form of sentence that you can be required to participate in and graduate. In certain circumstances, you may be eligible for a “Conditional Discharge” or “Pre-trial Intervention Program“. Some common drug cases in New Jersey including:

Plain Smell Doctrine in New Jersey

In New Jersey, an individual does not have a reasonable expectation of privacy concerning odors exposed to the public.  Application of this concept often arises in cases involving the smell of marijuana.  In State v. Judge, 275 N.J. Super. 194 (App. Div. 1994), State Troopers lawfully stopped a vehicle for speeding and detected the odor of burnt marijuana after the driver opened his window.  When the troopers ordered the driver and his two passengers out of the car to search their persons for contraband, they found drug paraphernalia on the two passengers.  Later, focusing their attention to the care, the troopers found a bag of marijuana and two marijuana cigarette butts on the console, more of the drug inside a gym bag on the back seat and, with the driver’s consent, another marijuana filled gym bag in the trunk.  The court found that the smell of burnt marijuana was sufficient to establish probable cause to search the interior of the motor vehicle.  The court also held that the officer need not determine when the marijuana was smoked.  The odor alone justified the search.  The “plain smell” doctrine, a derivative of the “plain view” doctrine, applied in Judge has since been applied outside of a motor vehicle.  In State v. Vanderveer, 285 N.J. Super. 475 (App. Div. 1995), a police officer encountered two individuals on an outdoor porch and observed two individuals standing near the curb.  While on the porch, the officer detected “the distinctive odor of burnt and raw marijuana”.  Vanderveer, at 477.  The court, relying on the Judge case, held that the smell of marijuana gave rise to probable cause “to conduct a warrantless search of the persons in the immediate area from where the smell [had] emanated.”  Vanderveer, at 481.

Every individual in New Jersey entitled to a reasonable expectation of privacy.  Citizens are all entitled to be free of unreasonable searches and seizure.  Every situation and circumstance requires its own analysis.  If your constitutional rights have been violated by an unlawful search or seizure, you may be entitled to the suppression of evidence and the ultimate dismissal of your criminal charges.

If you are charged with any drug crime in Burlington County, you should speak with Daniel Rosenberg, an experienced criminal defense lawyer to discuss your options. Our team at Daniel M. Rosenberg & Associates in Burlington County provides Criminal Defense, Juvenile Defense, for theft, assault, drug crimes defense, sex crimes, and more.