A charge for possession of a controlled dangerous substance (“CDS”) in Monroe New Jersey or another Middlesex County municipality gets significantly more risky when it involves distributing or selling drugs. This conduct is also referred to as possession with intent to distribute CDS. If you have been charged with a Monroe Township drug/CDS distribution offense, there is no doubting your need for a skilled lawyers given how severe the penalties can be in the event of conviction.
It is important that you vigorously defend a CDS distribution charge in order to avoid being incarcerated and/or having to pay heavy fines. To ensure that you have the best defense for your case, you need to be represented by the most qualified defense attorneys you can identify. We believe that the attorneys at our firm represent a formidable option for you.
Here at the Law Offices of Jonathan F. Marshall, our lawyers are ex-prosecutors, including Jason Seidmen, the former Director of the Gangs, Guns and Drugs Task Force of the Middlesex County Prosecutor’s Office. Jason or another lawyer has the skills to ensure that you enjoy every benefit under the law in defending your CDS distribution charge. Contact our New Brunswick Office anytime of day or night to speak to an attorney in a free consultation. We can reached at 732-246-7126 at your earliest convenience.
Distribution of Drugs in Monroe New Jersey
Under N.J.S.A 2C:35-5, it is a crime to knowingly or purposely distribute a CDS, or to have under your control with intent to distribute a CDS. The penalties for selling/distributing drugs hinge on the type and quantity of the substance involved. This can result in one of four grades of offense as follows:
- First Degree Crime. You can face a first degree crime for distribution of 5 ounces or more of heroin, cocaine, methamphetamine or MDMA, including Molly and Ecstasy. You can also face this level of charge for selling or possession with intent to distribute 100 milligrams or more of LSD or 25 pounds or more of marijuana. A first degree distribution offense carries 10-20 years in prison.
- Second Degree Crime. It is a second degree crime to distribute at least one-half ounce but less than 5 ounces of MDMA, cocaine, heroin or methamphetamine, under 100 milligrams of LSD or at least 5 pounds but less than 25 pounds of marijuana. It is also a second degree crime to distribute 100 dosage units or more of Xanax, Oxycodone, Suboxone, Percocet, Vicodin or another prescription legend drug. You face between 5 and 10 years in prison at the time of sentencing for second degree CDS distribution.
- Third Degree Crime. Distribution of 5-100 dosage units of prescription drugs, at least one ounce but less than 5 pounds of marijuana or less than one-half ounce of cocaine, heroin, MDMA or methamphetamine is a third degree crime. The presumptive range of imprisonment for third degree distribution of drugs is 3-5 years.
- Fourth Degree Crime. Fourth degree distribution arises when someone distributes less than an ounce of marijuana or under four or less dosage units of a prescription drug. The period of imprisonment for a fourth degree possession with intent to distribute is up to 18 months.
The location of the arrest is another critical factor in the charges and penalties you may face for distribution of a CDS. The penalties will be enhanced if you were found to have distributed drugs within a certain distance from a school.
Defending a CDS Distribution Charge in Monroe Township
Being faced with any drug charge can be unnerving. But with the right lawyers by your side, the process can be much easier. Our experienced defense lawyers know that there are several ways to fight drug charges in order to get the charges downgraded or dismissed before you have to go to trial.
The first thing our lawyers will consider is whether you should have been charged at all.
If we can prove that you were not and could not have been aware that you were in possession of a CDS and/or that you had no intent to distribute, we may be able to avoid a conviction without going to trial.
Furthermore, the case against you may be particularly weak if the police performed an illegal search upon you. If the police performed a search without having a warrant or sufficient cause to do so, we may argue to have any evidence seized in that search thrown out. If successful, the prosecution may not have enough evidence to proceed with the case.
Even if we do have to go to trial, our lawyers have the relevant knowledge and experience to fight and win a drug case in court.
Monroe Drug Distribution Defense Attorney
Consulting with an experienced defense attorney for a drug distribution charge is definitely advisable if you were arrested for selling or possession with intent to distribute cocaine, heroin, MDMA, LSD, marijuana or another form of CDS. Speaking to a knowledgeable defense lawyer will allow you to gain a better understanding of the charges against you and what legal steps must be taken to protect you. The attorneys at our firm, the Law Offices of Jonathan F. Marshall, are well positioned to successfully defend your Monroe offense for distributing drugs. We have over a century of combined experience defending cases like yours and even have Mr. Seidman on our team. Call us at 732-246-7126 to speak to a lawyer immediately.
