Criminal Lawyers in Kearny New Jersey For Cocaine Possession Charges
Drug distribution is an indictable offense that can result in confinement in prison for many years, thousands in fines and the stigma of a felony criminal conviction. Given these and other collateral consequences of distributing, selling or possession with intent to distribute a controlled dangerous substance (“CDS”), it is absolutely imperative that you immediately consult a skilled attorney if you have been charged in Kearny New Jersey. A lawyer who is adept in defending cds distribution charges in Hudson County is going to provide who with the very best opportunity to move ahead with your life without the pitfalls of a guilty finding.
A strong legal defense is unquestionably your biggest weapon if you were arrested for selling or distributing CDS in the Town of Kearny or anywhere else in the local area. Our attorneys have formidable qualifications to achieve a favorable outcome, including:
- 200 plus years of experience representing individuals in distribution cases involving marijuana, heroin, cocaine, lsd, xanax, methamphetamine, ecstasy and other drugs
- 10 lawyers that represent exclusively criminal defendants
- Former prosecutors that served as Director of Major Crimes, the Drug Task Force, Special Operations, Juvenile and the entire Trial Division
- Certified criminal trial attorneys
Whether you were already arrested or are under investigation for drug distribution, an attorney at our firm is ready to provide the sound advice and counsel to help you. Call us now at (201) 309-0500 for a free initial consultation with a talented lawyer immediately.
CDS Distribution in Kearny New Jersey
Manufacturing, distributing or dispensing a controlled dangerous substance is criminalized under N.J.S.A. 2C:35-5. This law makes it possible for police conducting an investigation into possible drug possession to charge you with the more serious offense of possession of a CDS with intent to sell or distribute. Factors leading to the more serious charge include the quantity of CDS in your possession or evidence indicting activities violating N.J.S.A. 2C:35-5, such as possession of a large amount of cash, materials used to process or package drugs, or conduct involving actually selling or distributing marijuana, MDMA or another illegal substance.
The consequences of selling drugs or intent to distribute escalates dramatically when the conduct occurs within 1,000 feet of school property (i.e. school zone) or within 500 feet of a public park zone (i.e. public park). A separate second degree crime arises under N.J.S.A. 2C:35-7.1 when cocaine, methamphetamine, mdma, lsd or other CDS is distributed in a public park or housing project zone. A similar scenario arises with mandatory parole ineligibility attaching when someone engages distribution in a school zone in violation of N.J.S.A. 2C:35-7.
Most CDS possession investigations involve a search and seizure of evidence by the police. Unless they follow constitutionally mandated procedures intended to protect your rights, the evidence seized by the police may be challenged in court by one of our defense attorneys using a motion to suppress evidence. We even challenge analysis reports the prosecution needs to identify the substance seized by police. Unless a strict chain of custody is maintained and strictly defined procedures followed in the handling of evidence, the laboratory analysis can be attacked.
Penalties For Distributing, Selling or Possession With Intent to Distribute CDS
The severity of the penalties a judge may impose on you for drug distribution depends on the amount and type of CDS and the location of the offense. Common types of drugs and the sentence judges may impose for a violation of N.J.S.A. 2C:35-5 include:
Distribution of 5 ounces or more of MDMA, methamphetamine, heroin or cocaine, or 100 milligrams or more of LSD: Crime of the first degree punishable by at least 10 years and a maximum of 20 years in prison and a fine as high as $500,000.
Distribution of 25 pounds or more of marijuana: Crime of the first degree with a maximum fine of $300,000 and from 10 to 20 years in prison.
Distribution of less than 100 milligrams of LSD or 100 dosage units or more of Xanax, Suboxone, Oxycodone, Percocet or Fentanyl: Crime of the second degree punishable by a minimum of five years in prison with a maximum prison term of 10 years and a maximum fine of $150,000.
Distribution of at least an ounce of marijuana but less than 5 pounds: Crime of the third degree crime punished by fines up to $25,000 and up to five years in prison.
Distribution of less than an ounce of marijuana: Crime of the fourth degree punishable by up to 18 months in prison.
As previously stated, distribution of drugs in a school zone results in imposition of additional penalties. Your driver’s license could be suspended if the offense involved a motor vehicle.
Kearny CDS Defense Attorney
The team of criminal lawyers at the Law Offices of Jonathan F. Marshall is committed to furnishing aggressive and skilled representation that is capable of securing a dismissal or acquittal. When you need a staunch advocate willing to fight for the protection of your rights and freedom, contact our Jersey City Office at (201) 309-0500 for assistance from an accomplished lawyer. One of our attorneys is available for a free initial consultation 24 hours a day and seven days a week.
