Drug Distribution Offense in Plainsboro New Jersey
The heroin epidemic in Plainsboro and the rest of New Jersey is on the rise and is taking lives. The Plainsboro Police Department has stepped up the enforcement of controlled dangerous substance (CDS) distribution crimes, particular where heroin is involved. Such enforcement operations can take the form of a sting operation geared to nab a whole CDS distribution organization, or in increased surveillance of an area known for drug activity. If you have been arrested and charged with the selling or distributing heroin, cocaine, LSD, MDMA, marijuana or another drug, you need an experienced CDS distribution attorney to defend you. The stakes are too high and the penalties too serious not to have a defense lawyer who knows the insides and outs of defending possession with intent to distribute cases. A number of the attorneys at the Law Offices of Jonathan F. Marshall are former prosecutors who handled drug cases from the other side of the aisle. They understand all aspects of drug distribution cases and can anticipate what the prosecutor will do in your case. Contact our firm a call at 732-246-7126 to speak to one of our lawyers. The first consultation is completely free. Our attorneys are available 24/7 to speak with you.
CDS Distribution Charges in Plainsboro
Distribution of a controlled dangerous substance (CDS) is illegal under N.J.S.A. 2C:35-5. This law makes it unlawful to distribute, or to possess with the intent to distribute, a CDS or a counterfeit CDS. A CDS includes heroin, cocaine, LSD, methamphetamine, Molly, Ecstasy, LSD, and Marijuana. The amount and type of drug determines the seriousness of the criminal penalty. A CDS distribution offense can result in a first degree, second degree, third degree or fourth degree crime based on the following:
First degree distribution
- 10 to 20 years in prison, up to a $500,000 fine (or $300,000 fine for Methamphetamine and Marijuana).
- 5 ounces or more of Cocaine, Heroin, Methamphetamine
- 100 milligrams or more of LSD, or 10 grams or more of PCP
- 25 pounds or more of Marijuana (or 50 or more marijuana plants)
Second degree distribution
- 5 to 10 years in prison and up to a $150,000 fine.
- Between ½ and 5 ounces of Cocaine, Heroin, Methamphetamine
- Less than 100 milligrams of LSD, or less than 10 grams of PCP
- Between 5 and 25 pounds of Marijuana (or between 10 and 49 marijuana plants)
Third degree distribution
- 3 to 5 years in prison and up to a $75,000 fine (or $25,000 fine for Marijuana).
- Less than ½ ounce of Cocaine, Heroin, Methamphetamine, MDMA (Ecstasy or Molly)
- Between 1 ounce and 5 pounds of Marijuana
Fourth degree distribution
- Up to 18 months in prison and varying fines based on the drug/CDS involved
- Over 50 grams of Marijuana
- 5 or more dosage units of a prescription legend drug
- Schedule V CDS
Criminal Sentence Enhancements. Certain circumstances will be considered factors in increasing the base sentence for a particular CDS distribution offense. Those factors include whether the distribution occurred in a school zone; within 500 feet of public housing, a library, or public park; or when you are carrying a gun. In addition, if you distribute drugs to a pregnant woman or someone under the age of 18, or if someone dies as a result of the CDS you distributed to them, further penalties will be added to a criminal sentence.
Possible Defenses Against CDS Distribution Charges. The attorneys at the Law Offices of Jonathan F. Marshall have handled hundreds of drug distribution cases in Middlesex County and will use that experience to fight the charges against you. Here are some possible defenses that they can assert:
- The police seized the drugs through an illegal search.
- The police lacked probable cause to stop you, or seek a search warrant.
- The police improperly charged distribution, when the relevant evidence was only drug paraphernalia.
- The drugs were not yours.
- The police arrested you and began asking questions, but failed to provide the required Miranda warnings.
Plainsboro Drug Distribution Lawyer
Distribution of a CDS, whether its marijuana or heroin, is a very serious matter. There is no question that you absolutely need to enlist a lawyer who is seasoned in the defense of drug charges. The team of criminal attorneys in our New Brunswick Office have defended many first, second and third degree crimes for selling and possession with intent to distribute cocaine, MDMA, LSD and other controlled dangerous substances offenses. An attorney can be reached around the clock to assist you by calling 732-246-7126.
Additional Plainsboro CDS/Drug Resources For You To Refer To
