If you are reading this page, there is a good chance that you or someone you care about has been charged with distribution of a controlled dangerous substance (“CDS”) in Perth Amboy New Jersey. This is a very serious crime under New Jersey Law whether the possession with intent to distribute charges involve marijuana, heroin, cocaine, prescription drugs (e.g. Xanax, Percocet, Vicodin, Valium, Oxycodone, etc.) or another form of CDS. This is always a felony crime of the the first, second, third or fourth degree that carries the possibility of a long state prison term. An accomplished defense lawyer can protect you against the pitfalls of a Perth Amboy drug distribution conviction.
Here at the Law Offices of Jonathan F. Marshall, our criminal lawyers have been helping people avoid drug convictions at the Middlesex County Superior Court for decades. Our attorneys are former prosecutors, including the former head of the Gangs, Guns & Drugs Task Force in Middlesex County, who know all facets of an effective defense to a charge for selling or distribution drugs in Perth Amboy or another municipality. Call our firm at (732) 227–1200 for free advice from a skilled CDS attorney immediately.
Drug Distribution Offense in Perth Amboy New Jersey
Pursuant to N.J.S.A. 2C:35-5, distribution of a CDS involves the sale or delivery of a controlled dangerous substance, whether it be methamphetamine, heroin, cocaine, or marijuana.
Each particular type of drug is subject to a different range of punishments, depending on how the drug is classified, whether it is classified as Scheduled I drug like cocaine or a Scheduled V drug like some prescription medications.
The severity of the punishment you will receive if convicted varies with each class of drug and this differs according to the amount of the drug. In other words, the more of the drug you distributed or intended to distribute, the worse the potential punishment will be. For example:
A first-degree indictable crime is the most severe distribution charge and typically involves the unlawful distribution of a significant quantity of Schedule I & II drugs like heroin, cocaine, methamphetamine, or LSD; or 25 pounds or more of marijuana. A conviction for this charge carries with it a minimum sentence of 10 years in a state prison.
A second-degree indictable crime carries 5 to 10 years in prison if convicted and typically involves the unlawful distribution of the same types of drugs as mentioned above, but in lower quantities, as well as, distribution of a significant amount of a prescription medication.
A third-degree indictable crime carries 3-5 years in prison and not only involves the unlawful distribution of lower weights of Schedule I & II drugs, but also all other forms of controlled dangerous substances not specified otherwise; 1 ounce but less than 5 pounds of marijuana; and lesser amounts of prescription medication.
A fourth-degree indictable crime carries a sentence of up to 18 months in a state prison and typically involves the unlawful distribution of a Schedule V prescription medication; less than 1 ounce of marijuana; or only a few doses of a prescription medication.
Furthermore, there is the trigger factor of whether you distributed drugs within a thousand feet of a school zone, public park, or a public facility. This can elevate the charge against you and, accordingly, the potential penalties you will face if convicted.
Defending a CDS Distribution Charge in Perth Amboy, New Jersey
CDS distribution is not ever charged as a disorderly persons offense (a misdemeanor). It is always an indictable crime (a felony level). What this means is that neither the prosecutor nor the judge has the discretion to reduce the charge to a misdemeanor, as they do with simple possession of a controlled substance.
Sometimes, however, if you are charged with distribution of a CDS and your attorney can produce evidence that you are actually an addict and were in possession of the drugs for your own personal use, as opposed to distributing them to other people, the prosecutor may be willing to amend the charge to simple possession of a CDS. Simple possession is a lesser offense with less severe consequences and may enable you to avoid incarceration and/or a felony conviction.
Moreover, in order to convict you of CDS distribution, the prosecution has to prove 1) that you knowingly and purposely and illegally possessed a controlled substance; and 2) that you were in possession of this controlled substance with the intent to distribute. If the state cannot prove both of these fundamental elements beyond a reasonable doubt, the case will either be dismissed or downgraded, or you will be acquitted of the charge at trial.
Perth Amboy Drug Distribution Attorney
If you there is an allegation that you distributed or intended to distribute a CDS, you will always be charged with a felony level offense. This means that, if convicted, you will receive a felony record and all of the negative consequences that come with being a convicted felon.
The consequences are too serious to risk going it alone or fighting the charge with anything other than the best legal representation available to you. For the best chance at successfully defending a CDS distribution charge in Perth Amboy, contact the CDS distribution defense lawyers at The Law Offices of Jonathan F. Marshall. Call us at (732) 227–1200, or leave us a message here. We offer a no cost initial consultation.
