Police in Carteret New Jersey recently seized 707 bricks of heroin, 300 grams of powder heroin and other items that led to criminal charges that included distribution of CDS, distribution in a school zone and maintaining a CDS production facility. Although this case tends to represent the extreme in terms of an offense for distributing, selling or possession with intent to distribute drugs in Carteret, it illustrates just how serious CDS cases can get in the borough. Whether you are facing a first degree, second degree, third degree or a fourth degree crime for distributing/selling a small amount of marijuana or a prescription legend drug (e.g. Xanax, Adderall, Suboxone, Oxycodone, etc.), you have been charged with a felony that carries serious penalties that include a state prison sentence. This is why you need to retain an accomplished defense lawyer immediately.
The attorneys at our firm, the Law Offices of Jonathan F. Marshall, have over 100 years of experience defending Carteret drug distribution charges in Middlesex County, including those arising in Carteret. An attorney on our team, Jason Seidman, even served as the director of the Gangs, Guns & Drugs Task Force of the Middlesex County Prosecutors Office. We clearly know our way around the court system and one our lawyers is available around the clock to assist you with release from custody or any other issue you need to be addressed. Initial consultations with a lawyer on our staff are always without charge. Call us at 732-246-7126 for a free consultation 24/7.
Drug Distribution Offense in Carteret New Jersey
It is illegal to distribute, sell or possess with the intent to distribute, a controlled dangerous substances such as cocaine, crack, heroin, methamphetamine, MDMA/Molly, Ecstasy, PCP, LSD, marijuana and prescription drugs like Percocet, Vicodin, and Xanax. There are three New Jersey statutes that are commonly arise in the context of a Carteret drug distribution case and they are N.J.S.A. 2C:35-5, N.J.S.A. 2C:35-7, and N.J.S.A. 2C:35-7.1.
N.J.S.A. 2C:35-5 is the Drug Distribution Law and it provides that:
It shall be unlawful for any person knowingly or purposely: (1) 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 controlled substance analog; or (2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
N.J.S.A. 2C:35-7, which is referred to as the School Zone Law, provides as follows:
Any person who violates [N.J.S.A. 2C:35-5] by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property or a school bus, or while on any school bus, is guilty of a crime of the third degree and shall . . . be sentenced by the court to a term of imprisonment.
Finally, N.J.S.A. 2C:35-7.1, which is the Public Park Law, provides as follows:
Any person who violates [N.J.S.A. 2C:35-5] by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while in, on or within 500 feet of the real property comprising a public housing facility, a public park, or a public building is guilty of a crime of the second degree, except that it is a crime of the third degree if the violation involved less than one ounce of marijuana.
In sum, the statutes above demonstrate that it is illegal to distribute, or possess with the intent to distribute, a CDS or fake CDS. It is a separate offense if the distribution took place within 1,000 feet of school property, and another separate offense if it took place within 500 feet of public housing, a public park, or public building.
Penalties for CDS Distribution in Carteret The chart below sets out the penalties for CDS distribution and possession with intent to distribute offenses. As you can see, the severity of the penalty relates to the type and amount of CDS.
| Degree of Offense | Type of CDS/Drugs | Amount | Penalty |
|---|---|---|---|
| Heroin, Cocaine, MDMA (Molly or Ecstasy) or Methamphetamine | 5 or More Ounces | ||
| First Degree | LSD | 100 Milligrams or More | Up to a $500,000 Fine ($300,000 for Marijuana & Methamphetamine) |
| Marijuana | 25 Pounds or More; 50 Plants or More | ||
| Heroin, Cocaine, MDMA or Methamphetamine | One-Half Ounce to 5 Ounces | ||
| LSD | Less than 100 Milligrams | 5-10 Years in Prison | |
| Second Degree Crime | Marijuana | 5 Pounds to 25 Pounds | Up to a $150,000 Fine ($300,000 for Prescription Drugs) |
| Prescription Drugs (e.g. Xanax, Oxycodone, Hydrocodone, Suboxone, etc.) | 100 Dosage Units (e.g. Pills) or More | ||
| Heroin, Cocaine, MDMA or Methamphetamine | Less than One-Half Ounce | 3-5 Years in Prison | |
| Third Degree Crime | Marijuana | 1 Ounce to 5 Pounds | Up to a $75,000 Fine ($25,000 for Marijuana & $200,000 for Prescription Drugs) |
| Prescription Drugs | 5 to 99 Dosage Units | ||
| Marijuana | Less Than One Ounce | 18 Months Prison | |
| Fourth Degree Crime | Prescription Drugs | Less Than 5 Dosage Units | $25,000 ($10,000 for Prescription Drugs) |
Carteret CDS Distribution Defense Attorney
A Carteret CDS distribution charge can result in many years in jail and tens of thousands in fines at the Middlesex County Superior Court in New Brunswick if you are convicted. Be sure you have an experienced, aggressive lawyer by your side to help you challenge the charges against you. The lawyers at The Law Offices of Jonathan F. Marshall have the know-how and passion to fight for you in court. Call our Woodbridge Office at 732-751-4458 for a free initial consultation with a defense attorney with the tools to help you. Attorneys are available to speak with you 24/7.
