Charged With Selling Cocaine in Union County
All cocaine distribution charges that are filed in Union County must be sent to the Superior Court in Elizabeth for resolution. This is where your case will be sent if you were arrested for selling or distributing cocaine anywhere in the county. You should also know that the penalties are exceptionally stiff if you are convicted of this violation under N.J.S.A. 2C:35-5. This is the primary reason why your research to find the best lawyer to defend your possession with intent to distribute cocaine offense at the county courthouse in Elizabeth is so important.
The attorneys at our firm, The Law Offices of Jonathan F. Marshall have over 100 years of collective experience defending distribution of cocaine cases. Several members of our defense team have also served as prosecutors, honing their skills and familiarity with the court system from the opposite perspective. A lawyer with the tools to effectively defend you third degree, second degree or first degree cocaine distribution offense is prepared to help you. Whether you were arrested in Linden, Union Township, Cranford, Elizabeth, Plainfield or another town in the county, our defense team is ready to protect you. To speak to an attorney immediately, contact our Union Township Office at 908-272-1700.
Cocaine Distribution Offense Under N.J.S.A. 2C:35-5
N.J.S.A. 2C:35-5 makes it illegal to “manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense” any quantity of cocaine. There are three elements which the Union County Prosecutor’s Office must establish, beyond reasonable doubt, to convict you of an indictment or charge for distribution of cocaine. The first thing that must be proven is that the controlled dangerous substance (“cds”) was cocaine. Second, the accused must have manufactured, distributed or possessed cocaine with the intent to distribute it. The third and final requirement is that the conduct of the defendant be knowing or purposeful. You distribute drugs if you deliver them to another person.
Distribution of cocaine in Union County can result in prosecution of a first degree, second degree or third degree crime in Elizabeth depending on the quantity of the transaction. Distributing or possessing cocaine with intent to distribute in a quantity of five ounces or more is a first degree crime. It is a second degree crime where the weight of the cocaine being distributed or sold is at least one-half ounce but less than five ounces. Cocaine distribution is a third degree crime when the amount involved is less than one-half ounce.
First degree distribution of cocaine results in 10-20 years in prison and a fine of up to $500,000. A second degree crime for selling/distributing cocaine triggers penalties that include 5-10 years of imprisonment and a maximum fine of $150,000. The penalties for a third degree crime of intent to distribute include up to 5 years in prison and a fine that can reach $75,000.
Distribution of Cocaine in a School Zone or Public Park
Distributing cocaine within 1,000 feet of school property results in an additional offense under N.J.S.A. 2C:35-7. The violation is commonly referred to as distribution of cocaine in a school zone and results in an additional fine of up to $150,000 and a period of parole ineligibility of at least three years. For additional information on this subject, refer to distribution in a school zone charges. Cocaine distribution within 500 feet of a public park or housing project triggers a separate second degree crime. A detailed discuss of the offense can be found at distribution in a public park.
Elizabeth NJ Distribution of Cocaine Defense Attorney
A distribution of cocaine certainly can have life changing consequences if you are caught and convicted in Elizabeth. The penalties are extreme and carry a presumption of incarceration in all but third degree cases. And even in those cases there is a chance of a 5 year sentence and significant restrictions on expungement. What this means is that you will forever be effected if you fail to successfully defend a cocaine distribution offense. The best way to prevent this from occurring is to hire the most skilled defense attorney you can identify. The lawyers at the Law Offices of Jonathan F. Marshall are seasoned former prosecutors with the know-how and commitment needed to help you. We defend individuals just like you who have been charged in Hillside, Roselle, Mountainside, Rahway, Springfield and elsewhere in Union County. A lawyer is available 24/7 at 908-272-1700 to assist you in a free consultation.
