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Middlesex County Criminal Defense Lawyer

  • Over 100 Years of Combined Experience
  • Practice Exclusively in DUI & Criminal Defense
  • Former County & Municipal Prosecutors
  • Decades of Case Success Stories

New Brunswick NJ CDS Distribution Defense Lawyer

Have You Been Charged With Distributing or Selling Cocaine, Marijuana, Cocaine, LSD or Other CDS in Middlesex County?

The Former Director of the Gangs, Guns & Drugs Task Force of the Middlesex County Prosecutor’s Office Is Ready To Defend You.

Being charged with manufacturing, distributing or possession with intent to distribute a drug like marijuana, cocaine, heroin, LSD or some other controlled dangerous substance (“CDS”), is a frightening experience since it can lead to serious penalties. Selecting an accomplished lawyer can go a long way in terms of getting a distribution offense downgraded or dismissed. 

A charge for distribution of drugs is always a felony that must be directed to the Criminal Division of the Middlesex County Superior Court in New Brunswick for resolution. The reason is because this is the court with jurisdiction to decide a crime of the first degree, second degree, third degree and fourth degree such as a charge under N.J.S.A. 2C:35-5 (“Manufacturing, distributing or dispensing”), N.J.S.A. 2C:35-7 (“Distribution on or within 1,000 feet of school property”) or N.J.S.A. 2C:35-7.1 (i.e. distribution within 500 feet of a public park or housing project). 

The attorneys at our firm, the Law Offices of Jonathan F. Marshall, are highly equipped to defend your New Brunswick distribution of CDS offense. In fact, one of our lawyers is the former director of the Gangs, Guns and Drug Task Force of the Middlesex County Prosecutor’s Office. The eight member defense team includes other ex-prosecutors and accomplished litigators that have over 100 years of experience. Call our New Brunswick Office at 732-246-7126 for an immediate free consultation with a savvy drug distribution attorney.

Drug Distribution Charges in New Brunswick New Jersey

New Brunswick has far more drug distribution charges than Woodbridge, Edison or another other municipality in Middlesex County. The reason is because it is the site of the county courthouse where every case involving manufacturing, distribution or possession with intent to distribute CDS is resolved. The severity of an offense like this hinges on factors like: (1) the type of drug; (2) quantity of drug being sold, distributed or possessed with intent to distribute; and (3) where the conduct took place. The chart that follows outlines the grading an penalties for distribution of CDS.

Degree of OffenseType of Drug
Maximum Fine
Incarceration

 

 

First Degree

-Five Ounces or more of cocaine, heroin, MDMA, methamphetamine

-100 milligrams or more of LSD

-Twenty-five pounds or more of marijuana

 

$500,000 ($300,000 for meth & marijuana)

 

 

10-20 Years Prison

 

 

 

 

 

Second Degree

-At least one-half ounces but less than five ounces of cocaine, heroin, MDMA, methamphetamine

-100 milligrams or more of LSD

-Twenty-five pounds or more of marijuana

-100 dosage units or more of a prescription legend drug (e.g. Xanax, Oxycodone, Hydrocodone, Suboxone, Percocet, Adderall, Valium and Vicodin)

-At least five pounds but less than twenty-five pounds of marijuana

-Schedule I or II CDS not previously set forth.

 

 

 

 

 

$150,000 ($300,000 for prescription drugs)

 

 

 

 

 

 

 

5-10 Years Prison

 

 

 

Third Degree

-Less than one-half ounce of cocaine, heroin, MDMA, methamphetamine

-Other Schedule I & II CDS

-At least an ounce but less than five pounds of marijuana

– At least five dosage units of prescription drugs but less than 100.

 

 

$75,000 ($200,000 for prescription legend drugs and $25,000 for marijuana)

 

 

3-5 Years Prison

 

 

Fourth Degree

 -Less than one ounce of marijuana

-4 or fewer dosage units of a prescription drug

-Schedule V CDS

 

$25,000 ($15,000 for marijuana)

 

Up to 18 Months

Defending a CDS Distribution Charge in New Brunswick New Jersey

If you were arrested for distribution and are facing a 2C:35-5 or other intent to distribute charge in New Brunswick, there is no need to panic. There are a number of defenses that an experienced CDS distribution defense attorney can introduce on your behalf in hopes of obtaining a downgrade or dismissal.

First of all, if you were stopped while in a motor vehicle, your attorney can challenge the legality of the traffic stop. There must have been a valid reason for the officer to have pulled you over.

Secondly, your attorney may challenge the legality of the search and seizure. In order for a search and seizure to be legal, an officer must have a valid search warrant, probable cause for a warrantless search, or your informed consent. If either the traffic stop or the search and seizure, was unlawful, the evidence seized during your arrest may be ruled inadmissible.

Finally, just because you were in possession of a larger amount of a controlled dangerous substance doesn’t necessarily mean that you intended to distribute. You may simply be a user. However, the prosecutor must prove that you in fact intended to distribute the drug.

In either case, the result may be that the distribution charge has to be dismissed for lack of evidence or downgraded to simple possession, which carries less severe penalties.

You should also know that the Pretrial Intervention Program is available for first time offenders. Our lawyers are adapt in securing admission into this diversionary program.

New Brunswick Drug Distribution Attorneys

Our drug distribution attorneys are well trained and knowledgeable in all facets of New Jersey CDS charges. In most cases, our lawyers have also had the benefit of serving as prosecutors, learning how the process works from the opposite perspective. An attorney on the staff of the firm even acted as the legal director of Gangs, Guns & Drugs Task Force that serves Middlesex County.

If were arrested and charged with manufacturing, trafficking, selling or even possession with intent to distribute CDS, the Law Offices of Jonathan F. Marshall is fully capable of defending your interests. To speak to a lawyer with extensive experience in distribution cases, call us at 732-246-7126. The consultation is free of charge.