Local law enforcement agencies dedicate substantial resources to combat the flow of illegal drugs. In fact, the Hudson County Prosecutor’s Office has Narcotics Task Force whose primary mission is to target those who manufacture, sell and possession controlled dangerous substances (“CDS”). If you were arrested and charged with distribution of drugs, you are facing aggressive prosecution with severe penalties if you fail to avoid conviction. Whether your charge involves marijuana, heroin, cocaine, LSD, Xanax, Fentanyl or another CDS, you are exposed to a felony that carries the potential for a state prison sentence. There is literally know doubt that you are in need of representation from a skilled criminal defense lawyer given these stakes.
The attorneys at our Jersey City firm, the Law Offices of Jonathan F. Marshall, have extensive knowledge of the criminal laws, as well as high-level courtroom experience, both of which are crucial for someone battling a drug distribution offense. Our team can offer you:
- Over 200 years in practice representing clients charged with selling and possession with intent to distribute drugs
- 10 lawyers that limit their practice exclusively in the area of criminal defense
- Former county prosecutors who have served as Director of the Drugs Task Force, Major Crimes Bureau, Juvenile Unit and even an entire Trial Division
- Certified criminal trial attorneys
It is essential that you engage a top-notch defense lawyer if you want to maximize your chances of averting a record and the penalties that apply at sentencing for distribution of cds. An attorney with exactly the skills you need is available to provide a free consultation by calling 201-309-0500.
CDS Distribution in Jersey City
N.J.S.A. 2C:35-5 makes it a crime to manufacture, distribute or dispense controlled dangerous substances (CDS). What starts out as a drug possession investigation and arrest can end up with you being charged distribution or with an intent to distribute because of the quantity of the drugs. A thorough investigation of the circumstances of your arrest, including the methods and procedures used by the police, is essential in order to identify legal defenses that a savvy attorney can exploit to avoid a conviction. For example, police routinely undertake searches and seizures of evidence that must comply with the dictates of the Fourth Amendment to the U.S. Constitution.
Our team of talented lawyers have successfully challenged unlawful searches and seizures with motions leading to the suppression of prosecution evidence. The presentation of evidence in your defense proving drugs found in your possession were for your personal use can create a weakness in the distribution charge filed against you. Challenging the evidence and the prosecution theory of what took place may generate negotiations leading to a reduction of the charge and a less severe sentence than could be imposed for violating 2C:35-5.
Penalties For Manufacturing, Distributing or Possession With Intent To Distribute Drugs
The penalties judges may impose if you are convicted of a drug distribution offense depend upon the type of CDS, its quantity and the location at which the offense took place. The following are examples of some of the common types of drugs and sentences the law allows judges to impose for a violation of N.J.S.A. 2C:35-5:
Distribution or Possession With Intent to Distribute 5 ounces or more heroin, cocaine, MDMA or methamphetamine, 25 pounds or more of marijuana, or 100 milligrams or more of LSD is a First Degree Crime. The penalties for this degree of distribution offense includes 10-20 years in prison and a fine of up to $500,000.
Distribution or Possession With Intent to Distribute at least one-half ounce but less than 5 ounces of heroin, cocaine, MDMA or methamphetamine, at least 5 pounds but less than 25 pounds of marijuana, less than 100 milligrams of LSD, or at least 100 dosage units of Xanax, Suboxone, Fentanyl, Oxycontin or another prescription legend drug is a Second Degree Crime. The prison term is 5-10 years and the maximum fine is $150,000 for this grade of drug distribution.
Manufacturing, Selling or Possessing With Intent to Distribute less than one-half ounce of cocaine, MDMA, heroin or methamphetamine, at least 5 dosage units but less than 100 of a prescription drug, or one ounce but less than 5 ounces of marijuana, is a Third Degree Crime. The punishment for this grade of intent to distribute CDS results in up to 5 years in prison and a fine of up to $75,000.
It is a Fourth Degree Crime to distribute/sell/intend to distribute less than one ounce of marijuana or a Schedule V drug. The penalties for this variety of distribution triggers up to 18 months in prison.
Enhanced Consequences for Distributing Drugs in a Jersey City School Zone or Public Park Zone
The location where drugs are sold or possessed with intent to distribute plays a significant factor in the severity of criminal charges. When someone commits these activities within 1,000 feet of school property, the face an additional offense for distribution in a school zone in violation of N.J.S.A. 2C:35-7. You can also face an additional second degree crime under N.J.S.A. 2C:35-7.1 when distribution occurs within 500 feet of a public park or housing project.
Diversion of Your Charges Through Pretrial Intervention or Drug Court
A potential avenue for escaping prosecution under 2C:35-5, 2C:35-7 or 2C:35-7.1 is Pretrial Intervention and Drug Court. Both of these programs require completion of a period of probation as a condition to avoiding the penalties otherwise afforded under the New Jersey Distribution Laws.
Jersey City NJ Controlled Dangerous Substance Distribution Attorney
The lawyers at the Law Offices of Jonathan F. Marshall take the time needed to gather and investigate the facts surrounding your arrest. We believe in meticulous preparation and an aggressive defense so that you have the best chance to defeat the allegations of selling or distributing CDS. To obtain a thorough review of your case and the insight of an accomplished lawyer as to how we can defend your charges, call our Jersey City Office at 201-309-0500. Attorneys are available around the clock to assist you and initial consultations are free.
