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Distribution of CDS to a Minor
New Brunswick NJ Drug Distribution Defense Lawyer
When someone is charged with possession with intent to distribute drugs (a.k.a. CDS) and the sale is to minor, N.J.S.A. 2C:35-8 applies. This law triggers enhanced penalties beyond those which would be imposed for selling drugs. In accordance with N.J.S.A. 2C:35-8, the prison term, fine and any period of parole ineligibility that may apply is doubled. There is no doubt whatsoever that any individual facing a distribution to a minor charge in New Brunswick, Woodbridge, Piscataway, Perth Amboy or anywhere else in Middlesex County, should consult an attorney. Experienced CDS distribution lawyers like those at our firm, The Law Offices of Jonathan F. Marshall, can make significant headway in obtaining the best result for you. Our team has over 100 years experience defending cases at the county courthouse in New Brunswick and even includes Jason Seidman, Esq., the former supervisor of the gangs, guns and drugs task force of the Middlesex County Prosecutor’s Office. Give the attorneys in our New Brunswick Office a call for immediate assistance at 732-246-7126.
To Whom Does 2C:35-8 Apply? The increased penalties for distributing drugs under this section applies where drugs are sold to a person who is either a pregnant female or a person seventeen (17) years of age or younger. The defendant’s knowledge as to the actual age of the recipient at the time of the sale is irrelevant as all is required under this statute is that the distribution be to someone under the age of 17. Conversely, the defendant must be an adult for 2C:35-8 to apply. If a defendant is under eighteen (18) years of age, for example, he is a teenage dealer, they will not therefore be subject to enhanced penalties.
Are There Other Limitations? The penalties that arise under this statute may only be imposed to one drug distribution or possession with intent to distribute offense an individual is facing. Accordingly, if an individual is charged with selling drugs in a school zone, a public park distribution of CDS, and a straight N.J.S.A. 2C:35-5 offense, the enhanced penalties under this law may only be applied to one violation.
Presumption of Incarceration or Non-incarceration. Any presumption of non-incarceration that applies to the underlying distribution offense (e.g. first offender with a 3rd Degree 2C:35-5 violation) does not carry over under this law if you are convicted of selling drugs to a minor. In other words, if you were to be convicted of a crime for which imprisonment would not normally be applicable, this conviction does not bar the possibility of imprisonment based on the heightened penalty from N.J.S.A. 2C: 35-8.
Application to Impose Enhanced Penalties. As a procedural matter, the prosecution must make a formal request to the Court that the increased penalties under 2C:35-8 be applied at the time of sentencing. The sentencing judge nor probation may impose this penalty enhancement without an application and showing that, by a preponderance of the evidence (as opposed to beyond reasonable doubt), drugs were sold by the defendant to a minor.
Middlesex County Defense Lawyer for Distributing Drugs to a Minor
A lawyer at The Law Offices of Jonathan F. Marshall who is well positioned to achieve a favorable outcome on your behalf. We are the largest criminal defense firm in Middlesex County and employ several former prosecutors who are ready to fight for you. Whether you were arrested in Edison, South Amboy, Sayreville, South Plainfield or another municipality for distributing drugs to a minor, we have the know-how to fully protect you. To speak to one of our attorneys immediately, call us at 732-246-7126.