Under New Jersey law, there are multiple drug offenses a person caught with narcotics may face. For example, if a person is apprehended near a park, they may not only be charged with possession with the intent to distribute but also with intent to distribute near a public park. This was demonstrated recently in Union County when a man was arrested and charged with both crimes. An arrest does not mean that the State will be able to obtain a conviction, however, and many people charged with drug crimes are able to retain their rights with the assistance of capable legal counsel. If you live in Union County and are charged with a drug offense, it is in your best interest to meet with a knowledgeable Union County drug crime defense attorney to discuss your potential defenses.
The Investigation and Arrest
It is reported that a Union County man was recently arrested and charged with possession with the intent to distribute and possession with the intent to distribute near a public park, following a traffic stop. The arrest was the result of a six-week investigation by a narcotics task force that resulted in arrests of other Union County residents as well. The police seized one kilogram of heroin and one kilogram of fentanyl from the suspect during the stop and an additional 1,200 grams of narcotics during a search of his apartment the following day. It is reported that he may face additional charges as well.
Possession with Intent to Distribute Under New Jersey Law
As demonstrated in the recent arrest, under New Jersey law, it is unlawful for a person to distribute, dispense, or manufacture a dangerous controlled substance or to possess such a substance and have it under their control with the intent of disbursing, manufacturing, or dispensing it. Additionally, if the alleged unlawful acts take place within 500 feet of a public park, it can lead to an entirely separate charge. Proving possession of both crimes requires the prosecution to establish that the defendant possessed the required criminal intent at the time the offense was allegedly committed and that they, in fact, possessed the substances in question. With regard to the possession with intent to distribute in a parking offense, the prosecution must clearly show that the defendant was, in fact, within the required proximity to the park at the time of the offense. If it cannot, the charges should be dismissed.
Meet With a Trusted New Jersey Attorney
The State bears the burden of proof in drug crime cases, and while people charged with drug offenses do not have to offer evidence, in some instances, it might be beneficial for them to do so. If you are faced with charges of drug possession with the intent to distribute in a public park, it is advisable to consult an attorney to discuss your options for seeking a good legal outcome. The trusted New Jersey defense attorneys of the Law Offices of Jonathan F. Marshall are adept at helping people accused of crimes seek favorable results, and if you hire us, we will work tirelessly on your behalf. You can reach us via our form online or at (908) 272-1700 to set up a meeting.
