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Distribution of CDS
New Brunswick NJ Drug Distribution Lawyer
Distributing or selling a controlled dangerous substance (“CDS”) in violation of N.J.S.A. 2C:35-5 is a serious offense. The charge is always a felony that can only be heard at the Middlesex County Superior Court in New Brunswick and which carries serious penalties. The stakes even more extreme if the violation involves distribution in a school zone or selling drugs in a public park. If you have been accused of distribution of marijuana, heroin, cocaine or any other drug, our lawyers have the skills to provide you with the best opportunity to avoid negative consequences associated with a conviction. Whether your possession with intent to distribute charge arose in Piscataway, East Brunswick, Woodbridge, New Brunswick or Middlesex, an attorney at The Law Offices of Jonathan F. Marshall has the knowledge and experience you require. We are former prosecutors, including a ex-supervisor from the Middlesex County Prosecutors, which make up a seven member defense team that has handled thousands of CDS cases over the last twenty plus years. Attorneys are available 24/7 by telephone to assist you by calling our New Brunswick Office at 732-246-7126. A free initial consultation is available immediately.
Charged With Selling, Distributing or Manufacturing CDS
N.J.S.A. 2C:35-5 prohibits a persons from knowingly or purposefully manufacturing, distributing or possessing CDS with the intention to distribute. A violation of this law can result in a first degree, second degree, third degree or fourth degree crime depending on the type and quantity of drugs involved. For the State to convict someone under 2C:35-5, it must be established, beyond reasonable doubt, that the defendant:
- Knowingly or purposely;
- Possessed a controlled dangerous substance; AND
- Was manufacturing, distributing or was in possession with the intent to distribute.
It is important to keep in mind that this law can apply whether the possession of CDS/drugs was actual or constructive. Actual possession involves having physical custody, control or contact with the drugs. Constructive possession is where there is no physical custody of the CDS, but where the defendant has knowledge of the drugs and the ability and intention to control them. Either variety of possession suffices for purposes of a distribution offense.
You will also note that someone can be convicted of distribution even if they were not caught in the act of selling or distributing. This is the case because N.J.S.A. 2C:35-5 extends to possession with intent to distribute. An individual is exposed in this manner if they possess or control cds, are aware of the presence of the drugs and have the intention to distribute them. Circumstances that will suggest an intent to distribute include, but are not limited to, the quantity of the cds possessed, packaging of the drug, and the amount and denomination of money discovered with the cds.
Penalties For Distribution. If someone is convicted of first degree drug distribution, they face up to twenty (20) years in a New Jersey State Prison, with parole ineligibility between one-third (1/3) and one-half (1/2) of the sentence of imposed, and a fine of up to $500,000.00. A second degree conviction under 2C:35-5 carries a prison sentence of up to ten (10) years and a fine of up to $150,000.00. A maximum sentence of five (5) years applies to a third degree violation of this law, along with a maximum fine of $75,000.00. Fourth degree distribution results in a jail term that can reach eighteen (18) months and a fine of $25,000. In terms of avoiding these penalties, a program known as Pretrial Intervention (“PTI”) may provide an opportunity. An individual is eligible for PTI if he or she is charged with a fourth degree or third degree crime, has no prior indictable record, and has never been granted a diversion previously.
Woodbridge NJ CDS Distribution Attorneys
Woodbridge is the 6th most populated municipality in New Jersey so it is not shocking that it has its fair share of CDS distribution charges. While most of those arrested and charged in the township are for marijuana, distribution of methamphetamine and drugs like LSD and MDMA also arise. If you are facing a charge for selling or possessing CDS with intent to distribute, our attorneys are qualified to represent you. A lawyer at The Law Offices of Jonathan F. Marshall with the decades of experience is ready to dissect the facts and circumstances surrounding the offense, providing you will their insight as to the best approach for success. Call our Woodbridge Office at 732-634-0700 for an immediate free consultation.
Additional CDS/Drug Distribution Resources On This Site
The criminal defense lawyers at The Law Offices of Jonathan F. Marshall defend clients charged with distribution and possession with intent to distribute cds/drugs like marijuana, heroin, cocaine, methamphetamine and MDMA in New Brunswick, Woodbridge, East Brunswick, Piscataway, Old Bridge, Monroe, Sayreville, Perth Amboy, South Amboy, Edison, Carteret and elsewhere in Middlesex County NJ.