Distribution of Heroin, Cocaine, Marijuana, LSD, MDMA or Other Drugs in Middlesex New Jersey
The Former Director of the Middlesex County Drug Task Force Is Ready To Defend You
Controlled dangerous substance (“CDS”) distribution is the focus of attention of law enforcement agencies throughout the state of New Jersey, including those employed in Middlesex Borough New Jersey. The Middlesex Borough Police Department works closely with other state and federal agencies such as the Middlesex County Prosecutors Office to target drug distribution with sting and undercover operations and the use of informants. When heroin, cocaine, LSD, MDMA (a.k.a. Ecstasy or Molly) or other CDS arrests are made for distribution, the cases are complex and might be based upon wiretaps, search warrants and confessions obtained through interrogations conducted by police. A conviction for distributing or possession with intent to distribute CDS/drugs always carries the potential for years in prison and tens of thousands of dollars in fines.
When the stakes are so high, you want your defense lawyer to be up to the task of taking advantage of legal defenses and aggressively challenging every aspect of the case a prosecutor is attempting to build against you. At the Law Offices of Jonathan F. Marshall, our defense team is composed of lawyers who only practice criminal defense. Many of them have been municipal and county prosecutors, so they know the strategies the government uses in CDS distribution cases. More than a century of combined criminal defense experience in Middlesex Superior Court handling the most serious criminal cases makes our attorneys more than capable of successfully defending you. Contact our Piscataway Office at (732) 562-0308 for a free consultation with an attorney immediately. Lawyers are available to speak with you 24 hours a day and seven days a week, so don’t delay making that call.
Drug Distribution in Middlesex Borough
N.J.S.A. 2C:35-5 prohibits the sale, manufacturer or possession with intent to distribute of any controlled dangerous substance listed on the drug schedules found in N.J.S.A. 24:21-5 through 24:21-8.1. Substances are listed based upon a drug’s potential for abuse and whether there are any recognized medical uses associated with it. A CDS listed in Schedule I, for example, has the highest potential to be abused by users and possesses no proven medical uses. Heroin, MDMA (known on the street as Ecstasy or Molly) and marijuana are Schedule I substances.
In contrast, a CDS listed in Schedule II, such as cocaine, Oxycodone, Hydrocodone and methamphetamine, has a high potential for abuse, which might seem to make them Schedule I drugs, but they are in Schedule II because they have recognized medical uses associated with them. Nonetheless, a Schedule II CDS must be used under the care and supervision of a physician or other licensed medical provider. They can only be dispensed by a pharmacy when prescribed by a licensed health care provider. Other forms of distribution are violations of state law.
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 receive anything in return could get you arrested Middlesex Borough as CDS distribution in violation of N.J.S.A. 2C:35-5.
Successfully defending you against drug distribution charges starts as soon as you meet with your criminal defense lawyer. Your lawyer immediately begins analyzing the facts of the case to identify defenses that can be used on your behalf. Legal defenses that could result in a dismissal or a weakening of the case include:
- 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 evidence as being insufficient to support a drug distribution charge as opposed to the less serious offense of drug possession.
Middlesex Borough Penalties For Distributing Drugs
Drug distribution in Middlesex Borough is an indictable offense with the severity of the charge ranging from a crime of the first degree to a crime of the fourth degree depending upon the type of CDS and its quantity. Common controlled dangerous substances and the penalties associated with a distribution offense include:
- Distribution of 5 ounces of heroin or cocaine: 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
- Distribution of 25 pounds of marijuana: A crime of the first degree punishable by maximum fines of $300,000 and a prison sentence at least 10 years up to a maximum of 20 years
- Distribution of less than 100 milligrams of LSD: A second degree crime punishable by five to 10 years in prison and fines up to $150,000
- Distribution of an ounce of marijuana: A third degree crime punishable by fines up to $25,000 and up to five years in prison.
- Distribution of less than an ounce of marijuana: A crime of the fourth degree punishable by up to 18 months in prison.
Middlesex Borough NJ Controlled Dangerous Substance Distribution Attorney
The criminal defense lawyers at the Law Offices of Jonathan F. Marshall understand that your future is at stake when you are charged with a Middlesex Borough CDS distribution offense. Our attorneys are committed to using their knowledge and formidable skills to aggressively defend you when you need it the most. To speak to an attorney on our defense team right now in a free consultation, call (732) 562-0308. A lawyer is available 24/7 to assist you without obligation.
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