Charged With Selling, Distributing or Possession With Intent to Distribute Marijuana, Cocaine, Heroin, Xanax or Another Drug in Milltown New Jersey
The Former Director of the Middlesex County Task Force Is Ready To Assist You
The Milltown Police and Middlesex County Prosecutor’s Office wants to do whatever they can to curtail the distribution of controlled dangerous substance (“CDS”), including marijuana, heroin, cocaine, Xanax and other drugs. Use of confidential informants, motor vehicle stops, search warrants and other tactics are commonplace when it comes to those targeted for selling, distributing or possession with intent to distribute drugs in Milltown New Jersey. If you were charged with distributing CDS, including LSD, Ecstasy or prescription drugs, you face dire consequences that mandate that you retain the very best lawyer that you can identify.
The criminal lawyers at the Law Offices of Jonathan F. Marshall have more than a century of combined experience defending individuals arrested for CDS/drug distribution in Middlesex County. All eight attorneys on our defense team dedicate their practices exclusively to criminal defense. In most cases, the attorney has also served as a prosecutor, including Jason Seidman, the former Director of the Drug Task Force in Middlesex County. Contact us at 732-246-7126 for a free consultation with a lawyer who can intelligently guide you through this challenging time. All distribution and possession with intent to distribute charges are extremely serious so so don’t delay in calling our firm.
Milltown NJ Drug Distribution Offense
The sale, manufacturer or possession with intent to distribute of any CDS is prohibited by N.J.S.A. 2C:35-5. This law makes it illegal to “manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense,” any form of CDS without a license to do so. Drugs and compounds that constitute CDS in New Jersey are set forth in the Schedules contained in N.J.S.A. 24:21-5 through 24:21-8.1. Where a particular drug falls within these schedules (i.e, I, II, III, IV or V) is predicate on the potential for abuse by a user and whether there are any recognized medical uses for the item. CDS listed in Schedule I, for example, heroin or MDMA (known on the street as Ecstasy or Molly) present the highest potential for abuse. Drugs listed in Schedule II like cocaine, Oxycodone, Hydrocodone and methamphetamine, have the next highest risk for addiction.
Not receiving payment is not a defense to drug distribution charges. N.J.S.A. 2C:35-5 does not require payment or an exchange of something of value for the drugs. Sharing a CDS with a friend could get you arrested in Milltown and charged with CDS distribution in violation of N.J.S.A. 2C:35-5.
Building your defense to CDS distribution must begin as soon as you are arrested or become aware that you are the target of a police investigation. 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.
Milltown Penalties For Distributing Drugs
Milltown CDS distribution is an indictable offense that can only be heard at the Middlesex County Superior Court in New Brunswick New Jersey. A possession with intent to distribute charge can come in the form of a crime of the first degree, second degree, third degree or fourth degree depending on the type and quantity of drug. The following is a breakdown of the grading and penalties:
- Distribution of at least 5 ounces of heroin, cocaine, methamphetamine or MDMA/Ecstasy/Molly, at least 25 pounds of marijuana or at least 100 milligrams of LSD is a first degree crime that is punishable by a minimum of 10 years and a maximum of 20 years in prison and a fine of up to $500,000.
- Distribution of less than 100 milligrams of LSD, at least one-half ounce of MDMA, cocaine, methamphetamine or heroin, over 100 dosage units of a prescription legend drug (e.g. Suboxone, Valium, Percocent, Vicodin, etc.), at least 5 pounds but less than 25 pounds of marijuana or 5-99 dosage units of a prescription drug is a second degree crime that results in penalties that include 5-10 years in prison.
- Distribution of less than one-half ounce of cocaine, methamphetamine, heroin or MDMA, at least one ounce but less than 5 pounds of marijuana or less than 5 pills or dosages of Xanax, Oxycontin, Roxycontin or another prescription drug is a third degree crime that triggers up to 5 years in prison and a fine of up to $75,000 ($25,000 for marijuana).
- Distribution of less than an ounce of marijuana is a fourth degree crime that results in up to 18 months in prison.
In addition to the penalties previously set forth, there are separate charges that apply when someone distributes CDS in a public park (i.e. within 500 feet) or school zone (i.e. within 1,000 feet of school property).
Two avenues that an individual may utilize to avoid the penalties for distributing/selling drugs in Milltown or anywhere else in New Jersey is Pretrial Intervention and Drug Court. Both of these programs are limited in terms of eligibility so it is always wise to consult with a knowledgeable lawyer like those at our firm.
Milltown NJ CDS Distribution Defense Attorney
The controlled dangerous substance distribution attorneys at the Law Offices of Jonathan F. Marshall are committed to using their knowledge and formidable skills to give you the most thorough defense possible. The efforts of our lawyers have translated into a rich history of success in defending heroin, cocaine, marijuana, prescription drug and other CDS cases at the Superior Court, where you distribution offense shall be heard. To speak to a defense attorney on our staff about the possession with intent to distribute charge you are facing, call our office. A lawyer can be reached 24/7 at 732-246-7126.
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