CDS Distribution Charge in Plainfield New Jersey
Federal, state and local law enforcement agencies like the Plainfield Police Department devote considerable time, manpower and resources targeting individuals and groups suspected of distributing illegal drugs. New Jersey drug laws make the sale, distribution or possession with intent to distribute controlled dangerous substances a serious criminal offense punishable by imprisonment for up to 20 years and fines that can be as high as $500,000. If you suspect you are under investigation or have already been arrested in Plainfield New Jersey or another Union County municipality, you need representation from a highly skilled lawyer.
A drug distribution case is usually handled by specialized narcotics units. When an arrest is made an individual charged with distributing or selling CDS, experienced prosecutors are typically assigned. The criminal attorney selected to defend you needs to have a commensurate level of knowledge, skills and experience to insure that you have the best chance of acquittal or downgrading of your drug offense.
The attorneys at the Law Offices of Jonathan F. Marshall have more than 100 years of combined experience defending people accused of selling drugs and possession with intent to distribute in Plainfield NJ and throughout the state. By devoting their practices to criminal defense, our lawyers have developed a keen understanding and insight allowing them to develop and execute defense strategies and tactics to make the most effective use of the facts and evidence. We are available 24 hours a day and seven days a week for a free consultation at 908-272-1700.
Plainfield Drug Distribution Offense
Distribution of drugs in violation of N.J.S.A. 2C:35-5 involves the transfer of a controlled dangerous substance from one person to another. You cannot avoid a conviction by claiming you were not paid for the drugs. All that is required is that you distributed or possessed the drugs/cds with intent to distribute when you lacked legal authority to do so. You should also know that it is commonly presumed that you someone is distributing drugs when they are in possession of a quantity that is beyond what would be typically for personal use.
Defenses to Plainfield NJ Drug Distribution Charges. Not getting paid might not be a defense to a Plainfield NJ drug distribution charge, but our resourceful defense attorneys know the best defense can be an aggressive and well-planned attack on the prosecution’s case and the evidence supporting it. Some of the defense strategies we have employed in drug distribution cases include the following:
- Motions to suppress evidence obtained by law enforcement in violation of constitutional safeguards protecting you against unlawful searches and seizures.
- Demanding suppression of any statements obtained from you by the police using methods that violated your rights under the Fifth and Sixth Amendments to the Constitution.
- Challenging the accuracy lab analysis identifying the type of substance and its weight.
- Challenging the evidence as being insufficient to support a drug distribution charge.
Penalties For Distributing or Selling Drugs in Plainfield NJ. Drug distribution in Plainfield NJ is an indictable offense. The severity of the charge can range from a crime of the first degree down to a crime of the fourth degree depending upon the type of controlled dangerous substance and its weight. Following are examples of penalties associated with different types and quantities of drugs:
- First Degree Crime. Distribution of 5 ounces of heroin, MDMA or Methamphetamine or cocaine is a crime of the first degree punishable by a minimum of 10 years and a maximum of 20 years in prison and a fine up to $500,000. It is also a first degree crime to distribute 100 milligrams or more of LSD. Selling 25 pounds of marijuana is a first degree crime with maximum fines of $300,000 and a prison sentence of from 10 to 20 years.
- Second Degree Crime. Distribution of less than 100 milligrams of LSD is a second degree crime punishable by five to 10 years in prison and fines up to $150,000. The same is true for a conviction for distributing, selling or possession with intent to distribute at least one-half ounce but less than 5 ounces of cocaine, heroin, Ecstasy, Molly or methamphetamine. The quantity required to convict someone of second degree marijuana distribution is 5 to 25 pounds and at least 100 dosage units are required with respect to a prescription legend drug like Xanax, Suboxone, Oxycodone, Vicodin or Hydrocodone.
- Third Degree Crime. Distribution of at least an ounce but less than 5 pounds of marijuana is a third degree crime punished by fines up to $25,000 and up to five years in prison. Distribution of at least 5 dosage units but less than 100 of a prescription drug is also a third degree crime.
Fourth Degree Crime. Distribution of less than an ounce of marijuana is a crime of the fourth degree punishable by up to 18 months in prison. Distributing or selling four or fewer dosage units of a prescription drug is also a fourth degree crime.
Plainfield CDS Distribution Defense Attorney
The staff of lawyers at the Law Offices of Jonathan F. Marshall provide a thorough and effective defense to CDS distribution charges throughout Union County, including those arising in Plainfield New Jersey. If you were charged with selling or possession with intent to distribute marijuana, heroin, cocaine, MDMA, LSD or another drug, a defense attorney is available immediately to discuss your case. Initial consultations with our attorneys are always free so there is not reason not to contact us for sound guidance. Call 90-272-1700 to speak to a lawyer now.
