Our Former Middlesex County Prosecutors Are High Skilled in the Defense of Possession & Distribution of Cocaine Charges in Milltown New Jersey
Ex-Director of the Drug Task Force On Staff
Cocaine possession is a serious offense and distribution of this form of CDS is an even more extreme in Milltown and elsewhere in New Jersey. The law imposes harsh penalties, including five years in prison, for anyone convicted of cocaine charges. Police and prosecutors have stepped up targeting of those in possession, distribute or possess cocaine with intent to distribute. This is a scary proposition when you consider the a cocaine offense is always a felony and can land you in state prison for years. This is why hiring a savvy lawyer is so important.
The defense attorneys at the Law Offices of Jonathan F. Marshall have a proven record of success defending cocaine offenses arising in Milltown New Jersey. If you have been charged with possession or distribution of cocaine in Milltown, our former prosecutors are ready to put their 100 plus years of experience to work so you achieve the best possible result in your case. You should also know that our team includes Jason Seidman, the former director of the Middlesex County Gangs Guns and Drugs Task Force. We certainly have lawyers who can fully protect your future. Contact our office anytime 24/7 at 732-246-7126 for a free consultation with an attorney.
Cocaine Offense in Milltown
N.J.S.A. 2C:35-10 makes possession of controlled dangerous substances a criminal offense. Possession of cocaine, a Schedule II controlled dangerous substance, is a violation of the statute. Cocaine is a Schedule II controlled dangerous substance because there is a high risk of abuse and addiction by anyone using it. It has some recognized medical uses, so it is listed as a Schedule II CDS instead of Schedule I. Even though medications containing the drug can be prescribed by a physician, possession of it under other circumstances is illegal.
N.J.S.A. 2C:35-5 prohibits distributing, selling or possession with intent to distribute cocaine. It is a first degree crime to distribute 5 ounces or more of cocaine. Distributing at least one-half ounce but less than 5 ounces is a second degree crime. It is a third degree crime to sell or possession with intent to distribute less than one-half ounce of cocaine. Separate offenses, with enhanced penalties, arise when someone engages in distribution of cocaine in a school zone or in a public park zone.
Our attorneys carefully review the facts and the evidence to identify possible defenses to your possession of cocaine or distribution of cocaine charge. For example, prosecutors must prove that your conduct was intentional, so there must be evidence proving you knew the substance was cocaine and that you were either in possession or you distributed the drug. They also pursue motions to suppress when the prosecution has evidence obtained in a search and seizure in violation of your rights under the Fourth Amendment to the U.S. Constitution. An unlawful search could result in a judge refusing to allow prosecutors to use the evidence to prove the cocaine charge, but your attorney must have the ability to recognize the existence of an unlawful search and convincing present the motion to suppress.
Another possible defense in a cocaine possession case is the accuracy of the laboratory analysis of the substance the prosecution claims is cocaine. Lab technicians make mistakes that an aggressive defense lawyer can use to cast doubt on the identification of the substance as cocaine.
Penalties for Milltown Cocaine Possession & Cocaine Distribution
Possession of cocaine is an indictable crime of the third degree as defined by N.J.S.A. 2C:35-10. Penalties for cocaine possession include fines up to $35,000 and imprisonment for up to five years. Your driver’s license will be suspended for at least six months and for as long as 24 months. You could be ordered to up to 100 hours of community service as an additional penalty if the offense occurred within 1,000 feet of a school or a school zone.
Distribution or possession with intent to distribute cocaine carries severe penalties. First degree cocaine distribution results in 10-20 years in prison and a fine of up to $500,000. There is a maximum fine of $150,000 and 5-10 years in prison for second degree possession with intent to distribute cocaine. The penalties for third degree distribution of cocaine results in a fine of up to $75,000 and up to 5 years ago.
In addition to defending a cocaine case on its merits to avoid these penalties, Pretrial Intervention is available as a potential diversionary program. The lawyers at our firm can assist you in gaining admission into this program.
Milltown Cocaine Possession Defense Attorney
A cocaine possession attorney at the Law Offices of Jonathan F. Marshall will aggressively and competently represent you. To take advantage of the opportunity to speak to a lawyer with the know how to help you, contact our office. Attorneys are available around the clock to discuss your case at 732-246-7126.
