The drug laws in New Jersey give law enforcement agencies and prosecutors tremendous latitude when it comes to arresting and charging people accused of drug distribution in Roselle Park New Jersey. Selling, distributing or possession with intent to distribute a controlled dangerous substance (“CDS”) is a crime of the first, second, third or fourth degree. Where an offense falls within this grading depends on the type and quantity of drug/cds possessed for purpose of sale. Irrespective, a Roselle drug distribution charge is always a felony that has the potential for a state prison term so it is crucial that you retain a skilled attorney if you want to maintain your liberty and avoid the other consequences for selling CDS.
The attorneys at our firm, the Law Offices of Jonathan F. Marshall are skilled litigators that have extensive experience defending clients charged with selling drugs/CDS in Union County. We have handled countless distribution of cocaine, heroin, marijuana, LSD, MDMA, prescription drug and other CDS in Elizabeth at the Union County Superior Court. As former prosecutors with over a century in practice combined, our lawyers are knowledgeable in those strategies which are most effective in avoiding a conviction. Contact our Union NJ Office at (908) 272-1700 to speak to a lawyer immediately without charge.
CDS Distribution Offense in Roselle Park New Jersey
N.J.S.A. 2C:35-5 makes it a crime to manufacturer, sell or possess CDS with intent distribute. The fact you did not receive money or anything else of value in exchange for the drugs does not mean prosecutors cannot prove this violation. As long as you intended to transfer the drugs without a license to do so, you have violated 2C:35-5. The best way to fight against drug distribution charges is to attack the prosecution’s case and the evidence that supports it. Our criminal defense attorneys review the facts of each case and examine the evidence to identify areas that could be attacked, including:
- Motions to suppress evidence seized as a result of search conducted in violation of the Fourth Amendment of the U.S. Constitution.
- Challenges to the manner in which a confession or incriminating statement was obtain from you.
- Challenges to the accuracy of the lab analysis identifying the substance and its weight.
- Attacking the evidence as being insufficient to support a charge of distribution of drugs instead of the less serious charge of drug possession.
Penalties and Consequences for Distributing Drugs
As previously stated, New Jersey law imposes penalties for drug distribution based on the type and weight of CDS being distributed. Distribution of five ounces or more of heroin, cocaine, MDMA or methamphetamine results in 10-20 years in prison and a fine of up to $500,000. Selling 25 pounds or more of marijuana or 100 milligrams or more of LSD is also a first degree crime except that the maximum fine is $300,000 for both. Distribution of at least one-half ounce but less than five ounces of these drugs is a second degree crime, as is less than 100 milligrams of LSD or at least five pounds of marijuana but less than 25 pounds of marijuana. The period of imprisonment for this grade of intent to distribute is 5-10 years and the fine is up to $150,000. A case involving someone who distributed/sold less than a half ounce of MDMA, heroin, methamphetamine or cocaine, or at least an ounce but less than five pounds of marijuana, is a third degree crime. The penalties for third degree distribution include up to a $75,000 (except marijuana which is maximum of $25,000) and up to 5 years in prison. It is a fourth degree crime to distribute less than one ounce of marijuana or four or less dosages of a prescription legend drug.
Roselle Park NJ CDS Distribution Defense Attorney
A conviction for CDS distribution leaves you with a criminal record that can ruin your career and affect you and your family for years. Drug distribution charges are only accusations until they are proven in court, so you want the Roselle Park NJ drug distribution defense attorney representing you to have a proven record of success handling your type of case. When your future is on the line, you want the criminal defense team at the Law Offices of Jonathan F. Marshall working on your behalf with several lawyers with over 15 years experience. To speak to one of our attorneys about your case in a free initial consultation, call (908) 272-1700. A lawyer is ready to assist you now.
