Serving the Elizabeth NJ Superior Court & All Municipal Courts in Union County

Union County NJ Criminal Defense Lawyers

Over 200 Years Combined Experience

Former County & Municipal Prosecutors

Summit NJ Drug Possession & Distribution Attorney

Charged With A CDS Offense in Summit New Jersey

A significant percentage of the criminal charges filed in Summit New Jersey involve possession or distribution of drugs. While the most common CDS offense is possession of marijuana in Summit, there are also cocaine, prescription legend drugs, MDMA (e.g. Ecstasy or Molly), heroin and other controlled dangerous substances that arise in the city. Whether you were charged with possession of CDS or distributing drugs in Summit, you need to retain an attorney who is highly skilled in order to avoid serious penalties. Lawyers at the Marshall Criminal Defense Firm have what you need with several former prosecutors with over 100 years of collective experience defending drug charges. We will dissect the case against you, identifying any search and seizure issues that may exist, and challenge the prosecutor so that the very best outcome is achieved to your CDS offense. A lawyer in our office is available at 908-272-1700 to assist you around the clock. Call us now for assist from one of our attorneys.

Summit Drug Possession Offense

The New Jersey Drug Possession Law is contained at N.J.S.A. 2C:35-10 and applies to cases involving cocaine, marijuana, methamphetamine, heroin, MDMA, LSD and other Schedule I, II, III, IV & V CDS. An entirely separate statute, N.J.S.A. 2C:35-10.5, applies to prescription legend drugs. If you actually or constructively possess one of the drugs, you are subject to penalties as set forth in the chart below.

Degree of Offense Drug Fine Imprisonment
 Third Degree Cocaine, heroin, MDMA, methamphetamine & LSD  $35,000 Up to 5 Years
 Fourth Degree Over 50 Grams of Marijuana; over 5 Dosage Units of a Prescription Legend Drug; Schedule V CDS $15,000 for Schedule V; $25,000 for Marijuana; $10,000 for Prescription Drugs. Up to 18 Months
 Disorderly Persons Offense 50 Grams or Less of Marijuana; 4 Dosage Units or Less of Prescription Legend Drugs  $1,000  Up to 6 Months

In addition to the penalties set forth in the chart above, an individual convicted for possessing drugs/cds in Summit faces a mandatory driver’s license suspension of 6-24 months.

Summit CDS Distribution Charge

Manufacturing, selling or distributing CDS in Summit is illegal under N.J.S.A. 2C:35-5.  A conviction for violating this law results in a first degree, second degree, third degree or fourth degree crime depending on the type and quantity of drugs involved. It is a first degree crime to distribute 25 pounds or more of marijuana, over 5 ounces of heroin, cocaine, MDMA or methamphetamine or 100 milligrams or more of LSD. Distribution is a second degree crime where it involves at least 5 pounds but less than 25 of marijuana, one-half ounce to 5 ounces of heroin, methamphetamine, cocaine or MDMA, less than 100 milligrams of LSD or more than 100 dosage units of prescription medication like Vicodin, Oxycontin or Adderall. It is a third degree crime for someone to possess CDS with intent to distribute in the quantity of less than one-half ounce of heroin, cocaine, MDMA or methamphetamine, at least an ounce but less than 5 pounds of marijuana, or 5 to 100 dosage units of Xanax, Oxycodone, Hydrocodone, Suboxone or another medication. It is a fourth degree degree crime to distribute/sell less than one ounce of marijuana or under 5 dosage units of a prescription drug.

Summit CDS Defense Lawyer

Almost any CDS offense can cause serious problems irrespective of whether its for possession or distribution of drugs. This is why is it so pivotal for you to hire a formidable defense lawyer if you have been arrested for selling or possessing CDS/drugs in Summit or anywhere else in Union County. The attorneys at the Marshall Firm will protect you so that you have every chance of escaping a conviction. We will sift through the evidence so that all conceivable defense issues are identified, including illegal searches and seizures of drugs are challenged. Perhaps the motor vehicle stop or search of your car or residence was invalid. Irrespective of the factual or legal issue involved, our lawyers will do what it takes to help you. An attorney is available now at 908-272-1700 to assist you.