Drug Distribution in the Town of Westfield
A charge distribution of CDS in Westfield or anywhere else is a serious offense that can lead to significant criminal penalties. A conviction for selling, distributing or possession with intent to distribute drugs like cocaine, MDMA, prescription legend drugs, LSD or even marijuana results in heavy fines and other life changing consequences, including the potential for years in state prison. CDS distribution is always an indictable offense, commonly known as a felony, and for this reason your Westfield charge for selling drugs will not be heard locally but rather at Union County Superior Court in Elizabeth. When faced with a drug distribution charge, you need an experienced drug distribution attorney by your side. Our attorneys at the Law Offices of Jonathan F. Marshall have years and years of experience handling CDS distribution cases. In fact, our firm has a number of former prosecutors on staff who understand both sides of a CDS distribution case so that you receive the best defense possible. To take advantage of a free initial consultation with an accomplished possession with intent to distribute lawyer, contact our firm. Lawyers are standing by 24/7 to speak with you about your case.
Westfield Drug Distribution Offense
A Westfield drug distribution offense is guided by N.J.S.A. 2C:35-5. This law provides that:
It shall be unlawful for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance . . . or to create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
Enhanced charges and penalties apply when someone sells, distributes or possesses CDS with intent to distribute within 1,000 feet of school property (“school zone”) or within 500 feet of a public housing facility, public park, or a public building (“public park zone”). Examples of CDS covered by 2C:35-5 include:
- Cocaine or Crack
- Heroin
- Crystal Meth
- Molly
- Ecstasy
- LSD
- Marijuana
When the distribution involves prescription legend drugs like Xanax, Oxycodone, Suboxone, Hydrocodone or Vicodin, N.J.S.A. 2C:35-10.5 governs.
Penalties for CDS Distribution. The degree of offense (i.e. crime of the fourth degree, third degree, second degree or first degree) and severity of penalties for distributing/selling drugs hinge on the type and quantity of CDS involved.
First Degree Crime – 10 to 20 years in prison, up to $500,000 in fines ($300,000 for marijuana).
Cocaine, Heroin, Meth, and MDMA – 5 ounces or more
LSD – 100 milligrams or more
PCP – 10 grams or more
Marijuana – 25 lbs or more (50 plants or more).
Second Degree Crime – 5 to 10 years in prison, up to $150,000 in fines ($300,000 for prescription legend drugs).
Cocaine, Heroin, Meth, and MDMA – ½ to 5 ounces
LSD – less than 100 milligrams
PCP – less than 10 grams
Marijuana – 5 to 25 lbs (10 to 49 plants)
Prescription Legend Drugs – 100 or more dosage units.
Third Degree Crime – 3 to 5 years in prison, up to $75,000 in fines ($200,000 for prescription legend drugs, and $25,000 for marijuana).
Cocaine, Heroin, Meth, and MDMA – less than ½ ounce
Marijuana – 1 ounce to 5 lbs
Prescription Legend Drugs – 5 to 100 dosage units.
Enhanced penalties. In addition to having an offense be in a school zone or close to public property, the court will impose increased penalties if you were in possession of a gun during the offense, if someone dies as a result of the CDS distributed to them, and if CDS is distributed to a pregnant woman or a minor.
Westfield Drug Distribution Defense Lawyer
When faced with a charge of CDS distribution, or intent to distribute, the most important step you can take is to retain a qualified criminal defense lawyer. You need to be sure that your attorney has the ability to properly evaluate your case, challenge all of the constitutional issues that may be at play, strategize the best approach to defend you in court, and aggressively protecting your interests throughout the process. Contact the Law Offices of Jonathan F. Marshall at 908-272-1700 today to speak to lawyers with these qualities. The experienced drug distribution attorneys at our firm will carry out the steps to get you a favorable outcome.
