Charged with Selling or Distributing CDS in a North Brunswick New Jersey
You are definitely facing a felony crime if you were arrested for distribution of a controlled dangerous substance (“CDS”). Selling or distributing cocaine, heroin, MDMA (a.k.a. Molly or Ecstasy), LSD, prescription drugs or even marijuana is always indictable as a crime of the first, second, third of the fourth degree. For this reason, cases involving allegations of possession with intent to distribute drugs or CDS must be handled by a highly skilled criminal lawyer. The attorneys at the Law Offices of Jonathan F. Marshall are accomplished litigators and former county and municipal court prosecutors, including one who served in North Brunswick Municipal Court. Our defense lawyers devote their practices exclusively to criminal defense and know how to prepare defense strategies to give you the best chance to avoiding a CDS distribution conviction. An attorney at the firm is available 24 hours a day and seven days a week to provide a free consultation. Contact our New Brunswick Office at (732) 246-7126 to speak to distribution lawyer immediately.
CDS & Drug Distribution in North Brunswick New Jersey
It is a crime according to N.J.S.A. 2C:35-10 to possess controlled dangerous substances in North Brunswick and throughout the state, but police can charge you with the more serious offense of possession of a controlled substance with intent to distribute or dispense it under the provisions of N.J.S.A. 2C:35-5. It is no defense that you were not paid or given anything of value in exchange for the drugs. If you knowingly manufactured, distributed or possessed the drugs with intent to distribute, this law is violated.
For example, if you gave marijuana to a friend as a gift without asking for or expecting money in exchange, you are still violating 2C:35-5 because distribution occurs when a controlled dangerous substance is transferred from one person to another. Our North Brunswick drug distribution attorneys know that attacking the evidence prosecutors intend to use against you is the best defense strategy when one our our clients is charged with drug distribution. Depending upon the facts of your case, your defense can include:
- Challenging as unconstitutional the search and seizure methods used by police to gather evidence.
- Demanding suppression of any statements police might have obtained from you in violation of your rights under the Fifth and Sixth Amendments to the Constitution.
- Questioning the accuracy of lab analysis identifying the type of substance and its weight.
- Challenging the sufficiency of the evidence proving distribution of drugs in contrast to the less serious offense of drug possession
Penalties and Consequences If You Are Convicted of Distributing CDS/Drugs in North Brunswick
Drug distribution in New Jersey is an indictable offense, but it could range from a crime of the first degree, reserved for the most serious criminal offenses, to a crime of the fourth degree, which is the least severe of the indictable or felony charges. What charges prosecutors file depends upon the type of controlled dangerous substance and its weight. Here are examples of some of the types of drug distribution charges based upon the type and weight of different drugs:
- Distribution of five or more ounces of heroin, cocaine, MDMA or methamphetamine is a crime of the first degree punishable by fines up to $500,000 and 10-20 years in prison.
- Sale of 25 pounds or more of marijuana or 100 milligrams of LSD is a first degree crime with maximum fines of $300,000 and 10-20 years in prison.
- Distribution of less than 100 milligrams of LSD or 5-25 pounds of marijuana is a second degree crime punishable imprisonment for 5-10 years and fines up to $150,000. The same is the case if you distribute at least one-half ounce but less than 5 ounces of cocaine, methamphetamine, heroin, Ecstasy, Molly or at least 100 dosage units of a prescription drug like Xanax, Suboxone, Oxycodone or Hydrocodone.
- Distribution of between an ounce and less than five pounds of marijuana is a third degree crime punished by fines up to $25,000 and up to five years in prison. It is also a third degree crime to distribute/sell less than one-half ounce of cocaine, heroin, methamphetamine, MDMA or 5-99 dosage units of a prescription legend drug.
- Selling or distributing less than an ounce of marijuana is a crime of the fourth degree.
North Brunswick CDS Distribution Defense Attorney
A conviction for distribution of a controlled dangerous substance (“CDS”) is a life-altering event. Not only could you spend part of your life in prison, but you will have a criminal record that can prevent you from getting a job. At the Law Offices of Jonathan F. Marshall, our criminal lawyers understand your future is at stake, so they use the most aggressive and proven defense strategies to give you the best chance of avoiding a conviction. Find out how a defense attorney at our firm can help you defend your charge by contacting our office. A lawyer on our staff is available right now by calling (732) 246-7126 for a free initial consultation.
