Law Office of Eric M. Mark

Arrested for Possession in Elizabeth, NJ?

If you’ve been arrested for possession in Elizabeth, NJ you may be facing some serious consequences. Individuals face jail time, fines, and criminal records for possession of controlled substances. Drugs are divided into different categories in New Jersey. The perceived dangerousness of the drug will determine the penalties you face. According to New Jersey Consumer Affairs, the dangerousness of a given drug is determined based on its potential for abuse, scientific studies on its effects, historical patterns of abuse, risk to public health, and psychological and physiological dependence of the drug.


  • Schedule One Substances have a high potential for abuse and have no medical benefit. They include opiates, narcotics, and certain hallucinogenic substances. Marijuana is also included in this category.
  • Schedule Two Substances have high potential for abuse, but may have medical benefits. Cocaine is included in schedule two.
  • Schedule Three Substances have less potential for abuse than schedule two substances, are approved for medical use, and may lead to moderate physical dependence. They include amphetamines, barbiturates, and codeine.
  • Schedule Four Substances have low potential for abuse, and may have medical benefits. Certain depressants are listed in this category.
  • Schedule Five Substances have low potential for abuse and are often found in lower quantities on individuals. 

Schedule One through Four Substances can result in third degree convictions, while schedule Five Substances can result in fourth degree convictions. The difference between these convictions is one of severity and jail time. Third degree convictions can result in jail time up to five years, while a fourth degree conviction can result in jail time up to 18 months in prison.

Regardless of the circumstances leading up to your arrest, it is a good idea to speak to a criminal defense lawyer if you have been arrested for possession of drugs in Elizabeth, NJ. Being arrested for possession of drugs comes with some serious jail time and legal repercussions. You need a skilled lawyer who can either help you mount a strong defense or help you negotiate the best possible plea bargain for your case. The Law Office of Eric M. Mark is skilled in making sure that the rights of individuals are protected following arrest for drug possession.

“I was Arrested for Possession of Marijuana in Elizabeth, NJ: What Can I do?”

 Marijuana possession, use, or sale is a crime in New Jersey. Under certain circumstances, the drug has been approved for medical use. The severity of the penalties depend on the amount of marijuana found in your possession.

  • Less than 50 grams carries a penalty of up to 6 months in jail.
  • 50 grams or more can lead to a jail term of up to 18 months. 

The fines for possession can also be high.

  • Fines for possession of less than 50 grams: up to $1,000
  • Fines for possession of 50 grams or more: up to $25,000 

Possession near a school zone carries with it more serious consequences. Cultivation and sale of marijuana comes with much harsher penalties, as well. A skilled criminal defense attorney can review the circumstances of your arrest to ensure that the officers who arrested you had proper probable cause to perform any searches. Officers must have legal grounds to perform searches of your person and property. If the officer who arrested you cannot cite proper probable cause, your case may be dismissed. Furthermore, your arrest must be handled in a proper procedural manner. If the arresting officer failed to follow protocol, it may be possible to have the charges reduced or dismissed. A skilled criminal defense lawyer can review the details of your arrest and determine whether a strong defense can be formed. The Law Office of Eric M. Mark can review your arrest reports, seek out and interview witnesses, and protect your rights. Furthermore, your criminal defense lawyer can use plea bargains to reduce the charges filed against you. With your freedom, your wallet, and your reputation at stake, you need a skilled criminal defense lawyer who can properly review the details of your case and ensure that proper justice is served.

Protecting Your Future and Freedom 

If you’ve been arrested for possession of drugs or marijuana in Elizabeth, NJ it is important to remember that you are innocent until proven guilty. The time following an arrest can be lonely. Fortunately, there are legal remedies available to you to help protect your rights during this tough time. You have the right to seek the representation of a criminal lawyer and do not have to answer questions by police without the presence of a lawyer. The police are skilled in using interrogation procedures to force a confession. A skilled criminal defense lawyer can protect you from some of these processes. The Law Office of Eric M. Mark has the experience and the skill to protect you if you have been arrested for possession in Elizabeth, NJ. Contact the firm today to learn about how we can protect your rights, your freedom, and your reputation.

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