Charged With Distributing CDS in Union Township New Jersey
Over 1,000 complaints for indictable criminal offenses are filed in Union Township each year and a considerable portion of this total is comprised of drug distribution charges. While the largest number of offenses concern marijuana, there are also many cases involving allegations of selling, distributing or possession with intent to distribute heroin, cocaine, MDMA and prescription legend drugs. The penalties for distribution of any controlled dangerous substance (“CDS”) are severe and include the possibility of years in prison if convicted. The potential for losing your freedom and other consequences associated with selling and possession with intent to distribute drugs make it essential for you to be represented by a lawyer who has experience dealing with the high-stakes of a CDS distribution case. The attorneys at the Law Offices of Jonathan F. Marshall include former prosecutors and savvy trial advocates with over 100 years of experience defending CDS/drug charges at the Union County Superior Court in Elizabeth, the venue where all Union Township distribution offenses are handled. To speak to an attorney in our Union Office immediately, call 908-272-1700. One of our lawyers is available now to review the facts surrounding your arrest.
Selling, Distributing or Possessing CDS With Intent to Distribute
The New Jersey Drug Distribution Law is set forth at N.J.S.A. 2C:35-5. This statute makes it unlawful for someone to knowingly “manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance”. The severity of the penalties for violating this law hinge on the type of CDS, quantity of drug involved and the location where distribution occurred. The drugs treated most severely under 2C:35-5 are heroin, cocaine, MDMA, methamphetamine, LSD and marijuana.
- First Degree Crime. It is a first degree crime to sell, distribute or possess with intent to distribute a quantity of five ounces or more of heroin, cocaine, MDMA or methamphetamine, or 25 pounds or more of marijuana.
- Second Degree Crime. Distributing at least one-half ounce but less than five ounces of heroin, cocaine, MDMA or methamphetamine or at least five pounds but less than 25 pounds of marijuana is a second degree crime.
- Third Degree Crime. Distribution of less than one-half ounce of cocaine, heroin, methamphetamine or MDMA, or at least an ounce but less than five pounds of marijuana is a third degree crime.
- Fourth Degree Crime. Distributing less than an ounce of marijuana or a Schedule V CDS is a fourth degree crime.
The penalties associated with first degree drug distribution include 10-20 years in prison and a fine of up to $500,000 except in the case marijuana where the fine is capped at $300,000. Second degree possession with intent to distribute CDS results in 5-10 years in prison and a fine of up to $150,000. Third degree distribution carries up to 5 years in prison and a $75,000 fine except in cases of marijuana where the maximum fine is $25,000. Selling CDS as a fourth degree crime triggers up to 18 months in prison and a fine of up to $25,000.
If you are charged with drug distribution within 1,000 feet of a school, you could receive an additional three years in prison and up to $150,000 in additional fines under N.J.S.A.2C:35-7. Additional penalties are also involved for distribution within 500 feet of public parks, housing or libraries and if the person accused of the crime is carrying a gun.
Union Township Possession With Intent to Distribute Defense Attorney
When so much is at stake, you can trust a possession with intent to distribute lawyer from the Law Offices of Jonathan F. Marshall. We have the knowledge of New Jersey drug laws and litigation skills acquired over the century we have been defending distribution charges in Union and other municipalities in Union County. Contact our office any time 24/7 to speak to a defense attorney on our team. Attorneys can be reached immediately at 908-272-1700.