How to Get MDMA Possession Charges Reduced

My question involves criminal law for the state of: NJ

I was recently arrested in Monmouth county for underage drinking and possession of >1 gram of MDMA [It was a very small amount, less than 1/4 of a standard pill]. At the time of the arrest I just recently turned 19 and had no prior record what so ever. I have already contacted a lawyer for a free consultation and came to the conclusion that I can not afford one and will apply for a public defender at the Superior Court on my First Appearance hearing date. As most people already know possession of MDMA in NJ is a 3rd degree crime, with a possible jail sentence of 3-5 years in prison and up to $75,000 in fines.
I will like to know that due to the fact that MDMA has only recently been scheduled in the United States, with an original suggestion of Schedule III [Due to its proven medicinal benefits in psychotherapy] and on the suggestion of Francis Young [The Administrative Law Judge who over saw the DEA hearings to schedule MDMA]; As well as the fact that Grinspoon v. Drug Enforcement Administration successfully called for the reconsideration of the classification of MDMA which ultimately resulted in the temporary removal of MDMA from Schedule I; In edition to that fact that the Ecstasy Prevention Act of 2001 which mandates and dictates modern day federal U.S sentencing procedures for MDMA [which will undoubtedly effect me] was opposed by the Federation of American Scientists and in 2011 successfully proven outdated and detrimental by the American Civil Liberties Union in a federal court hearing [as well as taking into consideration the diminutive amount in possession, the non-violent nature of my crime and that in others states and even counties in NJ such small possession charges are usually downgraded or classified as a misdemeanor] , is it possible to have my charges downgraded to a 4th degree crime or Misdemeanor charge? I am currently a college student, am on the deans list and go to a highly accredited college, but I just made a stupid mistake and I know I must pay for it. But I am just fearful of the stigma that comes even with an expunged felon charge. I just find it hard to believe that a person with 99 pills of Ecstasy in a ziplock baggy [> 1/2 Ounce], which to me is a clear intent of distribution, can get charged with the same crime I am being charged with or that a Mexican drug cartel transporting 2.2 Pounds of Marijuana is seen in the same light as me due to the Ecstasy Prevention act of 2001. Please provide me with meaningful legit answers.

Thank you.

You are not going to convince a prosecutor to reduce the charges by babbling about how an illegal drug is good for your mind and shouldn't be illegal. That makes it sound like you're a devoted druggie who won't take responsibility for his crimes and doesn't want to get sober.

If you want a charge reduction to a misdemeanor or, better, a deferral and possible dismissal, I suggest you develop a more contrite approach with your public defender and start embracing sobriety.

The thing is I am not a druggie and am currently 100% sober since the day of my arrest [Prior to my arrest the only drugs I seldom used was Marijuana and Alcohol]. I understand what I did was illegal and I am ready to to pay the consequences in fines and hopefully what ever the Pre-Trial Intervention program will throw at me. Also I do not believe MDMA is good for me [I had no medical use for it] or that it shouldn't be illegal, I never intended that and if that is what my post/argument is giving off then thank you for pointing that out to me. I am simply trying to provide further incentive other than the fact that I am conscience-stricken and embracing full sobriety to the prosecutor to downgrade my charges. Because lets all be honest, most people if not all [including me] will be contrite and embracing sobriety while in front of a judge. That's the way any self respecting civil person would act while in front of such an important civil servant. I am just saying that taking into account the diminutive amount in possession, the shaky history of the scheduling of MDMA, the proven outdated science behind today's sentencing procedures, and of course the fact that I am remorseful for my crime and have been sober ever since and will continue to be sober, do you believe would warrant the prosecution downgrading my charges. I mean from experience what are the usual reasons for downgrading ones charges anyways? I am just trying to provide further incentive than the usual for the downgrade.

Mdma and bud is different,sell 100 of each and the penalty is very different. Some place are very strict but with a clean record and a very small amount you should be able to avoid jail time. Ask about any drug programs or see if the lawyer can hopefully reduce it to a misdemeanor. It's just a guess but a strict judge and da then maybe your stuck with felony probation . I would ask the those lawyer what type of pleas can be worked out. Sell stuff,get a credit card,ask your family to borrrow money for a lawyer.

Normally for small amount of drugs even hardier ones,if it a kid get caught with a small amount of coke,they are charged with a felony sometimes. Most of times if he has no record a reduction is offered. Even if the reduced charge is still bad,most court are worked out thru a plea bargain. You just got plead not guiltily and see what type of deal the lawyer can work out.

A resonable judge and even da is gonna think ok it's a young kid who tired a small amount of drugs,hopefully the lawyer can help work something out. My client was young,foolish and just tired somethng (he a user).

Would you suggest a private lawyer or a public defender given the circumstances of my case and why? If I higher a private lawyer is it possible that I will end up with the same charges and overall end situation that I would get if I higher a public defender?

Quote:

---

Quoting AbLincoln

---

Would you suggest a private lawyer or a public defender given the circumstances of my case and why? If I higher a private lawyer is it possible that I will end up with the same charges and overall end situation that I would get if I higher a public defender?

---

If you can afford a private attorney, you likely won't qualify for a public defender.

What I mean is that can a public defender get me PTI just as well as any other defender? I didn't tell my parents about the charges and I do not intend to, so with my small income I should be able to qualify for one. But is there a chance that a public defender is so bad that he ends up screwing up my PTI application and getting me rejected and thrown into prison despite me qualifying for it?

It's pretty open and shut,you got caught with some drugs,if they da willing to let enter in to a program then a legal aide should be just as good. I went to court for some bs and the legal wasn't that great,I actually told my mom the deal which killed her and she lent me money for a private lawyer. He really help me out and I was able to avoid a record. First time offenders with a small amount of drugs normally have a shot a diversion. Two years from now if you stay out of trouble it won't be in your parents head. Being nervous and doing it on your own two years down the line,ten years down the line your record can screw you up. Maybe go in to court,plead not guilty and ask for a public defender. See if they can get you a good deal,if things are looking bad then get a private lawyer. Like others said they might ask about your parents income,you could get denied for one.

Since it's your 1st offense and not a complicated issue,I think the pd can get you the same deal. They're are bad pd and bad private lawyers. A lot of public defenders are also private lawyers also. Maybe someone with 99 pills can get the same charged but the court gonna look at your more favorable if u just got one pill.

Yea I just went ahead and told my mom. She was heartbroken and mainly scared for me. We have no money and she is a single mother so I most likely will not have money for a private defender. She tried asking one of her friends who works at a law firm to see if they could give me a deal or payment plan but he isn't' familiar with the county in which the charge was reported. I'm out studying in college now so I am going to see if I can take the train back and apply for a public defender early. I told her not to worry about it and that I will handle it, there's not much she can do besides pray. Hopefully the judge and prosecution will take into account that it was 1/4 the amount of a normal pill and won't send me to prison. I'm only praying it can get reduced to municipal court. Anyways thank you all for providing me info. I think I read about everything there is to read regarding my case. Hopefully the public defender is good.

I don't want to make promises,I would be highly shocked if they gave you jail for such a small amount . I would be more worried that you run in to a tuff da or judge and he sticks you with felony probation. Hopefully the legal aide can work out a drug diversion or reducation to a misdeamanor. Start saving for any court fees,fines,sometimes the legal aide is free and other times it can cost you something. A legal aid should be very familar with local judges and the district atttorney,so they should have some idea on what type of deal can be worked out. Once you talk them it should relieve some of your worries. Explain to them it's your 1st time and you realize it might be a long shot but can you avoid a drug conviction. A conviction for drugs might effect your finincial aide.