Selling, Distributing or Possession With Intent to Distribute Cocaine, Heroin, Marijuana, LSD, Ecstasy, Xanax or Another CDS in Metuchen New Jersey
Our Former Middlesex County & Metuchen Prosecutors Are Ready To Defend You
An arrest for distribution of drugs in Metuchen New Jersey can have disastrous consequences. Whether the controlled dangerous substance (“CDS”) in heroin, marijuana, LSD, cocaine or even a prescription drug like Xanax, the offense is a felony that carries the possibility of a state prison term. The stakes from being charged in Metuchen or elsewhere in Middlesex County with selling, distributing or possession with intent to distribute drugs/CDS are too high without a skilled lawyer at your side.
The attorneys on our staff are accomplished litigators who have been defending Metuchen drug possession and distribution charges for decades. Here at the Law Offices of Jonathan F. Marshall, our lawyers are former prosecutors, including one who has served in Metuchen and another as the Director of the Drug Task Force in Middlesex County. An attorney with knowledge of the law and the most effective defense strategies to avoid a conviction is available to assist you 24/7. Contact us at 732-246-7126 to speak to a lawyer immediately in a free consultation.
CDS Distribution Offense in Metuchen
N.J.S.A. 2C:35-5 prohibits the sale, manufacturer or possession with intent to distribute of any form of CDS. You cannot defend against a drug distribution charge by claiming you did not receive payment for the CDS. N.J.S.A. 2C:35-5 does not require proof of payment or proof of an exchange of something of value for the drugs. Giving a CDS to a friend without receiving or expecting to be paid can justify an arrest and a drug distribution in Metuchen for violating N.J.S.A. 2C:35-5.
A wide range of drugs fall within this definition with Schedule I CDS being those with the highest potential to be abused and having no proven medical use. Heroin, MDMA (known on the street as Ecstasy or Molly), LSD and methamphetamine are a Schedule I drug. In contrast, a CDS listed in Schedule II, such as cocaine, Oxycodone and Hydrocodone, has a high potential for abuse, but it has medical uses. A Schedule II CDS must be used under the care and supervision of a physician or other licensed medical provider and requires a prescription to obtain it from a pharmacy.
Successfully defending you against drug distribution charges begins by your attorney identifying possible defenses after carefully reviewing the facts and the evidence. Defenses could include the following:
- Motions to suppress evidence seized by law enforcement in violation of your protection against unreasonable searches and seizures contained in the Fourth Amendment to the U.S. Constitution.
- Challenging the admissibility of statements obtained from you by police in violation of your rights under the Fifth and Sixth Amendments to the Constitution.
- Challenging the accuracy a laboratory analysis identifying the type of substance and its weight.
- Attacks on the sufficiency of the evidence as being insufficient to support a drug distribution charge as opposed to the less serious offense of drug possession.
Metuchen Penalties For Distributing Drugs
The penalties for distributing drugs (a.k.a. selling or possessing CDS with intent to distribute) range from a crime of the first degree, the most serious, to a fourth degree crime, the least severe variety of this offense. A second degree or third degree crime for distribution of CDS fall in the middle. Some of the common drugs and the penalties associated a drug distribution charge include:
- Distribution of 5 ounces or more of cocaine, heroin or methamphetamine, is a crime of the first degree punishable by a minimum of 10 years and a maximum of 20 years in prison and a fine up to $500,000.
- Selling 25 pounds or more of marijuana is a first degree crime with maximum fines of $300,000 and a prison sentence of 10 to 20 years.
- Distribution of less than 100 milligrams of LSD is a second degree crime punishable by five to 10 years in prison and fines up to $150,000. Distributing or selling more than 100 milligrams is a first degree crime resulting in 10-20 years in prison.
- Distribution or possession with intent to distribute 100 or more dosage units of a prescription drug like Xanax, Valium, Percocet, Suboxone or Adderall is a second degree crime that carries a fine of up to $300,000 and 5-10 years in prison. Distributing at least 5 but less than 100 dosage units is a third degree crime with a maximum term of imprisonment of 5 years.
- Distribution of an ounce of marijuana is a third degree crime punished by fines up to $25,000 and up to five years in prison. Distribution of less than an ounce of marijuana is a crime of the fourth degree punishable by up to 18 months in prison.
Metuchen NJ Drug Distribution Attorney
The Law Offices of Jonathan F. Marshall has skilled, experienced and dedicated lawyers offering you aggressive and resourceful representation when you are charged with distribution of a CDS in Metuchen. Speak to an attorney on our defense team right now in a free consultation by calling us at 732-246-7126. One of the attorneys will take the time to conduct a comprehensive review of your case and to provide sound advice regarding your options. A lawyer is ready immediately to help you without obligation so do not hesitate to contact us for assistance.
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