Linden NJ CDS Distribution Attorney
Drug Distribution in Linden New Jersey
A charge for distribution of drugs in Linden New Jersey has significant ramification. The offense is always a felony that must be dealt with at the Union County Superior Court in Elizabeth and carries the potential for a state prison term irrespective of the type of controlled dangerous substance (“CDS”) being sold or distributed. You definitely need to obtain representation from a skilled criminal defense attorney as quickly as possible if you have been charged with possession with intent to distribute CDS in the City of Linden. You will need a lawyer who has handled drug distribution cases in the past if you want to have the greatest opportunity to avoid consequences like those described. The Law Offices of Jonathan F. Marshall has attorneys with this level of expertise with over a century of combined years in practice and several former county and municipal prosecutors on staff. Initial consultations with our lawyers are free of charge so do not hesitate to contact us at 908-272-1700 for immediate help.
CDS Distribution in the City of Linden
The applicable law governing CDS distribution in Linden and elsewhere in New Jersey is N.J.S.A. 2C:35-5. Under the statute, it is illegal to distribute or to possess with the intent to distribute, any form of CDS without a valid prescription. The penalties that are triggered for selling or distributing drugs in violation of this law depend on the amount and type of CDS at issue. The headings below outline how the grading and penalties are broken down under 2C:35-5.
First Degree Crime
- Cocaine, Heroin, Methamphetamine – 5 ounces or more
- LSD or PCP – 100 milligrams or more of LSD, or 10 or more grams of PCP
- Marijuana – 25 pounds or more (or 50 or more marijuana plants)
The penalty for first degree distribution is 10 to 20 years in prison and up to a $500,000 fine (or $300,000 fine for Methamphetamine and Marijuana).
Second Degree Crime
- Cocaine, Heroin, MDMA (i.e. Ecstasy or Molly) & Methamphetamine – between ½ and 5 ounces
- LSD or PCP – less than 100 milligrams, or less than 10 grams of PCP
- Marijuana – between 5 and 25 pounds (or between 10 and 49 marijuana plants)
- Prescription Legend Drugs – 100 or more dosage units
The penalty for second degree distribution is 5 to 10 years in prison and up to a $150,000 fine ($300,000 for prescription legend drugs).
Third Degree Crime
- Cocaine, Heroin, MDMA & Methamphetamine – less than ½ ounce
- Marijuana – between 1 ounce and 5 pounds
- Prescription Legend Drugs – at least 5 but less than 100 dosage units
The penalty for third degree distribution is 3 to 5 years in prison and up to a $75,000 fine (or $25,000 fine for Marijuana and $200,000 for prescription legend drugs).
The penalties described above are enhanced if the charge involves distribution in a school zone (i.e. within 1,000 feet of school property), within 500 feet of a public park or housing project, while in possession of a firearm (e.g. handgun) or if someone dies because of the drugs you distributed to them.
Linden Drug Distribution Lawyers
There is no question that a CDS distribution offense is serious and carries significant criminal consequences. There are, however, many defenses you may be able to assert in your case. Contact the Law Offices of Jonathan F. Marshall today at 908-272-1700 to learn what our lawyers can do to assist you in avoiding a conviction or reducing a charge. You are innocent until proven guilty whether you have already been indicted or not. The attorneys at our firm will make sure you have every chance of making sure that the charge does not result in a record and other penalties. To speak to an attorney at the firm immediately, call 908-272-1700. A lawyer is available 24/7 to assist you.