A Carteret New Jersey resident was arrested after a traffic stop led to discovery of 86 grams of cocaine in the motorist’s possession. The seizure resulted in the accused being charged with possession of cocaine, possession with the intent to distribute (i.e. second degree) and distribution of CDS in a school zone. The popularity of cocaine has led to more cases just like this one in the Borough of Carteret and our lawyers know this as well as anyone as members of the largest criminal defense firm in the region.
If you were arrested for possessing cocaine or the even more complicated offense of distribution, you are looking at charges that carry significant exposure. A cocaine offense is always an indictable felony crime of at least a third degree that can land you in prison for as much as 5 years. Distributing, selling or possession with intent to distribute cocaine in Carteret carries even greater risk with as much as 20 years of imprisonment for a first degree. Stakes such as these for possession or distribution of cocaine in Carteret or another municipality in Middlesex County certainly warrant your hiring the most competent lawyer to defend your case.
The attorneys at the Law Offices of Jonathan F. Marshall have extensive experience handling cocaine charges in Carteret and other municipalities in Middlesex County. We have the skill to effectively analyze the facts of your case, identify fertile search and seizure issues and to zealously defend your case. Our lawyers have a high rate of success in getting cocaine offenses, whether they involve allegations of distribution or personal possession, downgraded or dismissed. Take advantage of a free initial consultation with one of our attorneys. We are available to speak with you 24/7. Our number is 732-210-6241.
Cocaine Possession Offense in Carteret New Jersey
If you are facing a cocaine possession offense in Carteret New Jersey, the law that applies to the charge is N.J.S.A. 2C:35-10. This statute provides that it “is unlawful for any person knowingly or purposely, to obtain or possess, actually or constructively, [cocaine or cocaine analog]”. Accordingly, in order for the Middlesex Count Prosecutor’s Office to convicted you for possessing cocaine, it must prove that: (1) the substance was cocaine (or a cocaine analog); (2) you actually or constructively possessed the CDS; and (3) your conduct was knowing. “Actual possession” means that the cocaine was on the defendant’s person. “Constructive possession” applies where the accused does not have the cocaine on his person but is aware of the presence of the drugs and has both the ability and intent to take direct control in the future. Possession of cocaine is a third degree crime punishable by 3 to 5 years in prison and a fine of up to $35,000.
Distribution, Dispensing or Selling Cocaine in Carteret NJ
An individual can also face a cocaine offense in Carteret under N.J.S.A. 2C:35-5. This statute makes it a third, second or first degree crime to dispense, sell or possess cocaine with intent to distribute. This is commonly referred to as distribution of cocaine. When the quantity involved is 5 ounces or more, the violation is a first degree crime. Distributing or selling at least one-half ounce but less than 5 ounces of cocaine results in a second degree crime. Possession with intent to distribute less than one-half ounce of cocaine is a third degree crime.
First degree cocaine distribution in Carteret results in 10-20 years in prison and a fine that can reach $500,000. Second degree distribution triggers 5-10 years in prison and a maximum fine of $150,000. Third degree distribution of cocaine carries penalties such as 3-5 years of imprisonment and a fine of up to $75,000. An entire separate offense with additional penalties applies if the conduct occurs in a school zone in violation of N.J.S.A. 2C:35-7 or in a public park zone contrary to N.J.S.A. 2C:35-7.1.
An attorney at our firm will ensure that every possible defense to cocaine possession or a charge for cocaine distribution is presented in your case. Some of those defenses include: (i) the item seized was not actually cocaine; (ii) you had no knowledge that the cocaine was on your person or constructively in your control; (iii) the police search or seizure violated the Fourth Amendment of the Constitution; or (iv) you had no intent to distribute the cocaine.
Carteret NJ Cocaine Defense Attorney
There is no doubting the fact that your Carteret cocaine charge is worthy of your hiring a defense attorney who is skilled in this area of law. The lawyers at the Law Offices of Jonathan F. Marshall have decades of experience, including time serving at the Middlesex County Prosecutor’s Office, to utilize on your behalf. To speak to a lawyer about your possession or distribution offense, contact our New Brunswick Office at 732-246-7126 for a free consultation. Our criminal attorneys are available to take you call around the clock so do not hesitate to contact us whenever you need assistance.
