Arrested for Selling CDS in Rahway New Jersey
A criminal charge for drug distribution can have significant consequences so it is important that you consult a skilled lawyer if you are facing this offense in Rahway or another municipality in Union County. The New Jersey drug laws impose harsh penalties for those found guilty of manufacturing, selling or possession with intent to distribute CDS. Attorneys with considerable experience and knowledge in the defense of Rahway drug distribution charges are going to provide you with the best chance of escaping the consequences of a conviction. Here at the Law Offices of Jonathan F. Marshall, we employ a team of eight defense lawyers and former prosecutors who have been defending CDS distribution cases at the Union County Superior Court in Elizabeth for over 100 years combined. Whether you have been accused of selling heroin, cocaine, marijuana, MDMA, prescription legend drugs or another form of CDS, we have an attorney that can thoroughly protect you. Contact our office now for a free consultation.
CDS Distribution Offense in Rahway New Jersey
Almost every CDS distribution offense filed in Rahway alleges a violation of N.J.S.A. 2C:35-5. This law criminalizes manufacturing, distributing or dispensing a controlled dangerous substance (“CDS”) without a license to do so. Almost any drug falls within this regulation including cocaine, marijuana, MDMA, methamphetamine, LSD and heroin. A separate statute is contained at N.J.S.A. 2C:35-10.5 and is directed at distribution of prescription legend drugs.
In accordance with 2C:35-5, it is illegal to knowingly manufacture, sell or possess CDS with the intent to distribute. The nature and extent of the penalties for distributing/selling drugs depend on the quantity and type of CDS being sold. In addition, a separate and additional offense arises for distribution in a school zone or selling drugs in a park park. The headings below outline the important aspects of 2C:35-5 if you are facing a charge for distribution of CDS in Rahway New Jersey:
- First Degree Distribution. It is a first degree crime to distribute 5 ounces or more of heroin, cocaine, methamphetamine or MDMA, 25 pounds or more of marijuana or 100 milligrams or more of LSD. The prison term upon conviction for first degree drug/cds distribution is 10-20 years. The maximum fine ranges from $300,000 to $500,000 depending on the drug. You should also know that mandatory minimum periods of parole ineligibility are imposed for those convicted of a first degree crime under 2C:35-5.
- Second Degree Distribution. It is a second degree crime to distribute or possess with intent to distribute at least one-half ounce but less than 5 ounces of heroin, cocaine, MDMA or methamphetamine, less than 100 milligrams of LSD, at least 5 pounds but less than 25 pounds of marijuana or 100 or more dosage units of a prescription legend drug. The period of imprisonment that may be imposed for second degree distribution of CDS is 5-10 years. The standard fine is capped at $150,000 for this second degree crime.
- Third Degree Distribution. It is a third degree crime to sell less than one-half ounce of cocaine, MDMA, heroin or methamphetamine, at least an ounce but less than 5 pounds of marijuana or at least 5 but less than 100 dosage units of a prescription legend drug. The maximum prison term for third degree distribution is 5 years. You may also be fined up to $200,000 in the case of a prescription legend drug, $25,000 for marijuana and $75,000 for a third degree crime involving most other forms of CDS.
- Fourth Degree Crime. It is a fourth degree crime to sell or distribute less than one ounce of marijuana or four or fewer dosage units of a prescription legend drug. The maximum period of incarceration for this fourth degree crime is 18 months. The fine can reach $15,000.
In addition to the penalties previously set forth, a conviction for selling drugs in Rahway will result in a mandatory suspension of your driver’s license of 6-24 months.
Rahway CDS Distribution Defense Attorney
The penalties that apply if you are convicted of CDS distribution at the county courthouse are obviously very serious. This is a primary reason why you need to hire the best defense attorney you can find. The lawyers at the Law Offices of Jonathan F. Marshall have the pedigree that you need with over a century practicing in the trenches in Union County, including defending those charged in the City of Rahway. To secure a free case review from a lawyer with years of experience, call our office at 908-272-1700. Attorneys are ready to provide the time and consideration you need.
