Cranford CDS Distribution Lawyer
Charged With Drug Distribution in Cranford NJ
Have you or a loved one been arrested and charged with distribution of a controlled dangerous substance (CDS) in Cranford New Jersey?
Distribution of CDS in Cranford or another municipality in Union County is a felony which may require a mandatory prison sentence depending on the amount and type of drugs being sold or possessed with intent to distribute.
Your best chance at beating a drug distribution charge is to work with an attorney who is highly knowledgeable in defending CDS cases. Here at the Law Offices of Jonathan F. Marshall, we have a proven track record of getting charged downgraded or dismissed for our clients.
Our accomplished distribution defense lawyers are skilled trial advocates and former prosecutors who are well recognized and respected. So you can rest assured that you are in safe hands when you appear on your Cranford possession with intent to distribute offense at the Superior Court in Elizabeth. Give our attorneys a call today at 908-272-1700 and let us start helping you defend your distribution charge.
CDS Distribution Charges in Cranford New Jersey
In most cases, the evidence found in a CDS distribution case is very circumstantial. For example, if you are arrested with two ounces of marijuana, rolling papers, and a lighter in your pocket, you could be charged with possession of marijuana in Cranford. However, if you were arrested at a location known for drug sales, the officer may believe you were selling the marijuana, and you could be charged with possession with the intent to distribute. You can also face an offense for distributing the drugs if the quantity, packaging and other evidence implies that you had the CDS for the purpose of selling it.
The task of a criminal defense lawyer is to ensure that you are tried fairly and that the evidence is legitimate and valid. The lawyers at The Law Offices of Jonathan F. Marshall can help you prepare to defend yourself against exaggerated or unfair drug charges, including those involving:
- Marijuana Distribution
- Distributing Cocaine
- Possession with Intent to Distribute Heroin
- Distribution of Prescription Drugs
- Distributing CDS within 500 Feet of a Public Park
- Selling Drugs in a School Zone
Pursuant to New Jersey statute N.J.S.A. 2C:35-5 it is against the law for any person to knowingly or purposely:
(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
The distribution of any type of drug in Cranford is a felony charge in New Jersey that can only be dealt with at the county courthouse in Elizabeth. You can face a first degree crime, second degree crime, third degree crime or fourth degree crime depending on the type and quantity of the drug in question. The headings below are a basic outline of the grading of drug distribution and possession with intent to distribute under N.J.S.A. 2C:35-5:
First Degree Crime. Distribution of 5 ounces or more of heroin, cocaine, methamphetamine or MDMA; 25 pounds or more of marijuana; 100 milligrams or more of LSD is a fourth-degree felony punishable by a fine of up to $500,000 and 10-20 years in prison.
Second Degree Crime. Distribution of at least 1.5 ounces, but less than 5 ounces of heroin, cocaine, methamphetamine or MDMA; at least 5 pounds but less than 25 pounds of marijuana; less than 100 milligrams of LSD; 1 ounce or more of a Schedule I or II CDS not specifically set forth; or more than 100 dosage units of a prescription drug is second-degree felony punishable by a maximum fine of $150,000 and 5-10 years in prison.
Third Degree Crime. Distribution of less than .5 ounces of heroin, cocaine, methamphetamine or MDMA; at least 1 ounce but less than 5 pounds of marijuana; distribution of any form of CDS contained in Schedule I, II, III or IV not previously set forth; or at least 5 dosage units, but less than 100 of a prescription drug is a third-degree felony punishable by 3-5 years in prison and a fine of up to $75,000 (max. $25,000 in the case of marijuana).
Fourth Degree Crime. Distribution of less than 1 ounce of marijuana; distribution of a Schedule V CDS; or 4 or fewer dosage units of a prescription drug is a fourth-degree felony punishable by up to 18 months in jail and a $25,000 fine (max. $10,000 for distributing/selling prescription drugs).
Avoiding a Prosecution for Distribution of CDS
There are a couple of different ways that an individual charged with distribution of a CDS in Cranford, New Jersey can avoid being prosecuted for the crime and potentially being sentenced to prison:
- Drug Court. If you have been charged with distribution of a CDS you may be able to apply to Drug Court as an alternative to being sentenced to time in a state prison. Drug court is essentially an alternate sentence to incarceration and is designed for individuals who believe they need drug treatment or who are seeking an alternative to prosecution. There are however a number factors that can make you ineligible for drug court, such as having prior convictions for violent crimes. But, if you are eligible, you will be able to resolve your drug case without a jury trial and without having to plead guilty and be incarcerated in a state prison.
- Pretrial Intervention (PTI). PTI is a diversionary program for first offenders who have no criminal record and have never used a diversionary program such as PTI or conditional discharge before. If you are accepted into pretrial intervention, you will be given probation for up to 3 years and be required to avoid any subsequent criminal charges, submit to drug testing, and complete any community service and/or other requirements.
As long as you stay out of trouble during this period and complete everything that is required of you, the court will dismiss the charges at the end of your probation period and you will avoid a criminal conviction. In addition, you may apply to have record of the arrest expunged from your criminal history.
Cranford NJ Drug Distribution Defense Attorney
In serious drug cases like those involving allegations of distribution, the experience of your defense attorney matters. If you are facing a charge for manufacturing, selling or distributing CDS in Cranford or anywhere else, be sure to consult with a criminal lawyer who has extensive experience handling drug distribution offenses. The attorneys at the Law Offices of Jonathan F. Marshall have successfully defended clients accused of selling drugs/CDS many times at the Union County Superior Court. If you are facing a distribution charge arising in Cranford or another Union County municipality, call us at 908-272-1700. Lawyers on our team are available 24/7 to assist you by contacting our Union NJ Office.