Drug Distribution in Scotch Plains New Jersey
News sources in Union County are always reporting individuals being arrested for distribution of cocaine, prescription legend drugs, heroin and other forms of controlled dangerous substance (“CDS”). These incidents of individuals being charged with manufacturing, selling, distributing or possession with intent to distribute even occur in an affluent municipality like Scotch Plains. These types of charges are very serious and have substantial penalties attached to them. If you are facing a CDS distribution offense in Scotch Plains, it is vital that you hire an experienced attorney to represent you. The Law Offices of Jonathan F. Marshall have a staff of eight attorneys who specialize in criminal defense. Many of the lawyers at the firm are former prosecutors who have extensive experience handling CDS cases where individuals are accused of trafficking crack, LSD, MDMA (e.g. Ecstasy or Molly) and other drugs. Take the first step to arm yourself with the tools to escape a conviction by contacting our attorneys. The first consultation is completely free. An attorney is available around the clock to speak with you and give you your legal options.
Manufacturing, Distributing or Possession With Intent to Distribute CDS Scotch Plains
It is illegal to knowingly manufacture, distribute, or to possess with the intent to distribute a controlled dangerous substance (“CDS”) under N.J.S.A. 2C:35-5. An item is considered CDS if it cannot be distributed legally or without a valid prescription. Drugs falling within this definition include all substances contained on Schedule I, II, III, IV or V of the Controlled Dangerous Substance Act. The most common forms of CDS are marijuana, cocaine, crack, heroin, methamphetamine, MDMA/Molly/Ecstasy, LSD and prescription drugs like Oxycontin, Hydrocodone, Adderall, Suboxone and Xanax.
If you are arrested and charged with violating 2C:35-5 in Scotch Plains, the degree of crime and related penalties will hinge on the type and quantity of CDS involved. For example, distribution of 5 or more ounces of cocaine, heroin, MDMA or methamphetamine is a first-degree offense, carrying a possible sentence of 10 to 20 years in prison, up to $500,000 in fines. The same is the case where someone distributes or possesses with the intent to distribute a quantity of 100 milligrams or more of LSD or 25 pounds or more of marijuana. Distributing between ½ and 5 ounces of heroin, Ecstasy, Molly or methamphetamine. less than 100 milligrams of LSD, 5-25 pounds of marijuana, or 100 or more dosage units of a prescription legend drug is a a second-degree crime, carrying a possible sentence of 5 to 10 years in prison, up to $150,000 in fines. Finally, distributing less than ½ ounce of cocaine, methamphetamine, MDMA or heroin, one ounce to 5 pounds of marijuana, 5-100 dosage units of Hydrocodine, Vicodin, Xanax, Oxycontin or Morphine is a third-degree offense, carrying a possible 3 to 5 years in prison, up to $75,000 in fines.
You should also know that under N.J.S.A. 2C:35-7 it is illegal to distribute CDS within 1000 feet of school property or a school bus in Scotch Plains or another municipality in Union County. An individual who violates this statute faces additional criminal charges and penalties. A similar law, namely N.J.S.A. 2C:35-7.1, creates a separate charge that apply when distribution occurs within 500 feet of a public housing facility, public park, or a public building (N.J.S.A. 2C:35-7.1).
Sentence Enhancements. There are certain circumstances that will require a court to add additional jail time or monetary penalties to a CDS distribution sentence. They include:
- Distribution in a school zone or within 500 feet of a public park (as noted above).
- Possessing a gun during the distribution offense.
- A death occurring as a result of CDS that you distributed.
- Distribution to a pregnant woman or a person under 18 years old.
Scotch Plains Drug Distribution Lawyer
Scotch Plains police view CDS distribution crimes as the most serious of the drug offenses. Accordingly, the penalties for such crimes are significant and can have a huge impact on your life. You need a seasoned lawyer to represent you when you are accused of selling, distributing or possessing drugs with the intent to distribute them. The attorneys at the Law Offices of Jonathan F. Marshall are accomplished drug distribution lawyers who have over a century of collective experience representing individuals in your shoes. To speak to one of our lawyers in a free initial consultation, contact our Union Office at 908-272-1700. An attorney is available now to assist you.
