New Brunswick Drug Defense Attorney

CDS Charges in Middlesex County

The New Jersey Criminal Code makes almost every drug charge an indictable crime of either the first, second, third or fourth degree. It is therefore extremely important for anyone facing CDS charges to have a working knowledge of the fundamental principles surrounding this area of law. It is also pivotal that they be represented by a criminal attorney who is skilled in defending Middlesex County drug charges.

Grades of Drug Offense. A drug offense can come in just about any grade provided by law. Indictable CDS cases come in the form of a first, second, third of fourth degree crime that fall within the jurisdiction of the Criminal Division Middlesex County Superior Court. A violation that is a disorderly persons offense falls with the limited jurisdiction of the municipal court. This following is some additional information regarding each grade.

• First Degree. The most severe grade is a first degree crime which typically involves distribution of a significant quantity of CDS or high level involvement in trafficking of drugs. An arrest and conviction for this variety of drug charge carries a minimum of ten years in prison and, in some cases, as much as a life sentence.
• Second Degree. A second degree CDS/drug also arises predominantly in the context of distributing, selling or possession with intent to distribute. You face five to ten years in prison if convicted of this level of crime.
• Third Degree. The largest segment of indictable drug cases are third degree crimes since this category includes not only those who distribute lower weights of cocaine, heroin and many other drugs but also possession of virtually all forms of CDS.
• Fourth Degree. A limited number of drug charges fall within the fourth degree range and carry a potential prison term of up to 18 months.
• Disorderly Person Offense. The only drug charges that are disorderly persons offenses, the lowest grade of violation, are possession of 50 grams or less of marijuana, failure to make lawful disposition of CDS, being under the influence of drugs or failing to have prescription medicine in its original container.

Possession of Drugs. Most drug cases entail allegations of possession rather than distribution of drugs. N.J.S.A. 2C:35-10 sets forth the general rules for possession charges. For a detail discussion of this subject, please refer to our drug possession page.

Distribution of Drugs

A charge for selling, distributing or possessing drugs with intent to distribute typically arises out of N.J.S.A. 2C:35-5. This statute makes it a crime to “manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog”. The degree of crime resulting from this conduct hinges on the type and quantity of drugs distributed. The following is the breakdown of the grading of CDS distribution charges under both N.J.S.A. 2C:35-5 and N.J.S.A. 2C:35-10.5 (“Prescription legend drugs”).

• It is a first degree crime where it involves five ounces or more of heroin, cocaine, MDMA or methamphetamine, 100 milligrams or more of LSD, or 25 pounds or more of marijuana.
• It is a second degree crime to sell or distribute at least one half ounce but less than five ounces of heroin, cocaine, MDMA or methamphetamine, less than 100 milligrams of LSD, or at least five pounds but less than 25 pounds of marijuana, or more than 100 dosage units of a prescription legend drug.
• Distribution is a third degree crime where it involves less than one half ounce of heroin, cocaine, MDMA or methamphetamine, at least one ounce but less than five pounds of marijuana, or at least 5 but less than 100 dosage units of a prescription legend drug.
• Possession with intent to distribute less than one ounce of marijuana or less than five dosage units of a prescription legend drug is a fourth degree crime.

Enhanced Consequences For Distributing CDS. There are special rules that apply when an individual distributes CDS in a location which is afforded enhanced protection such as near a school or public park where children are likely to be present. We have provided specific resource pages on these subjects including intent to distribute in a school zone, distribution within 500 feet of a public park or housing, maintaining a CDS production facility or leader of a narcotics trafficking network. We can help you to determine whether you are eligible for participation in either of these programs and navigate you through the process of enrolling in them.

Avoiding Prosecution Through Condition Discharge or Pretrial Intervention

There are two diversion programs that allow a defendant to avoid prosecution on a drug charge provided certain conditions are met. Eligibility is limited to individuals with no prior criminal record (i.e First Time Offender) who have never been diverted previously. The lawyers at The Law Offices of Jonathan F. Marshall are adapt in securing admission into both programs on behalf of clients. We can help you avoid a conviction through:

• Conditional Discharge. The conditional discharge program allows an individual to avoid prosecution for a disorderly persons offense for possession of CDS or drug paraphernalia. An individual must complete one year of probation during which he or she must remain arrest free, perform community service, abstain from use of drugs and report as directed. If the program is successfully completed, the charge is dismissed.
• Pretrial Intervention. Pretrial intervention is very similar to conditional discharge except it applies to indictable offenses. Third degree and fourth degree crimes are eligible for the program which typically ranges from one to three years. The standard conditions to completion are submission of clean urine tests, payment of all fines and penalties, performance of community service and reporting to probation as directed. Successful completion of the program results in dismissal of the original felony charge with any record of conviction.

Drug Court. Another program that is available to a defendant is Drug Court. This is customarily only utilized by a defendant to avoid jail. The program involves treatment and intensive supervision that is designed to attack the root of the individual’s legal problems, namely, addiction to drugs or alcohol.

Middlesex County Drug Offense Defense Lawyers

The lawyers at our firm provide skilled defense against drug offenses ranging from possession of a small amount of marijuana to extremely serious drug trafficking and distribution charges. An attorney at Marshall Criminal Defense is ready to analyze the facts of your case in order to craft the most effective strategy.

You are constitutionally protected against unreasonable search and seizure and our attorneys will insure that your rights were not violated. If you were subjected to an improper search of your car, apartment, or house, you can rest assured that we will challenge the conduct of police in hopes of invalidating the arrest.

A successful defense also be fostered through persuasive negotiating. We possess over a century of experience defending just about every variety of drug charge you can imagine and have learned what works and doesn’t in handling these cases. Our team even includes a lawyer who was a supervisor in the county prosecutor’s office. Our attorneys know who and how to convince the judge and prosecutor that a favorable plea should be extended.

If efforts to obtain a dismissal of the charge or an acceptable plea bargain fail, you can trust that we have the knowledge and experience to succeed at trial on your behalf.

Contact the Piscataway, East Brunswick, Woodbridge or New Brunswick Office of The Law Offices of Jonathan F. Marshall to speak to an attorney immediately.

Frequently Asked Questions in Middlesex County Drug Cases

Do First-Time Drug Offenders Go To Jail or Prison In New Jersey? Depending on the nature of the drug charge someone is facing, it is possible for a first-time drug offender to receive a jail sentence if convicted. Whether jail/prison time is part of a sentence for a drug conviction will largely depend on the circumstances surrounding the charge, in particular, the degree of crime, and the offender’s prior criminal history. This means that a drug charge for a small amount of marijuana will not typically involve a jail sentence, but distribution of a significant amount of heroin, cocaine, fentanyl, or methamphetamine, LSD will likely result in imprisonment, even for a first offender.

Is Marijuana Legal In New Jersey? Yes but with certain limitations.  In 2021, recreational marijuana became legal in New Jersey. But there are limits on how much you can buy, where you can buy it, and where you can consume it. Additionally, it is still illegal to sell marijuana unless you have a state-issued license to do so. The law only allows adults 21 years or over to purchase marijuana from a dispensary. If you are found to be manufacturing, cultivating, or selling marijuana without a license to do so, you can still face significant criminal penalties.

Is a Drug Charge A Felony In New Jersey? Unlike many other states, New Jersey does not classify crimes as felonies and misdemeanors. Instead, it classifies crimes as either indictable or disorderly person offenses. Indictable offenses are similar to what other states refer to as felonies, and a disorderly person offense is akin to a misdemeanor charge. Possessing or distributing any amount of cocaine, heroin, oxycontin, MDMA, ecstasy, fentanyl, and methamphetamine is an indictable offense in New Jersey (a.k.a. a felony). What this means is that you can receive a prison sentence for possessing, selling, or distributing drugs/cds of this nature and will also have a felony criminal record if convicted.

How Can I Beat A Drug Charge In New Jersey? There are many potential ways to beat a cds charge in New Jersey if you have a skilled Middlesex County drug crime defense attorney advocating on your behalf. Your attorney will look at the facts and evidence surrounding your case along with applicable statutes and case law to craft a valid legal defense. For instance, if drugs were discovered in your vehicle after being pulled over by the police, your drug charge lawyer could argue that the police stopping you was illegal because they lacked reasonable suspicion. Similarly, your lawyer could also argue that any search that was done was also illegal if the police did not have a warrant or probable cause to search your vehicle. This could lead to the exclusion of critical evidence at trial and the undermining of the strength of the prosecution’s case against you.

How Much Cocaine Is A Felony In New Jersey? As previously stated, New Jersey refers to crimes labeled as felonies in other states as indictable offenses. Just like felonies, indictable offenses are serious crimes that often carry significant prison time if a defendant is convicted. For example, possession of cocaine, like most other hard street drugs, is an indictable offense in New Jersey. This means that having any amount of cocaine or, worse yet, getting arrested for selling can result in your being sentenced to prison at the Middlesex County Superior Court in New Brunswick. Even a charge for simple possession of cocaine can result in a jail sentence of five years and a fine of $35,000.

How Long Will A Drug Charge Stay On My Record? Conviction for a drug crime will remain on your criminal record unless you can get it removed through a process called expungement. While possessing a small amount of marijuana may allow you to take advantage of a diversion program, most drug crimes are indictable offenses that can result in significant jail time. This means that they will likely stay on your criminal record indefinitely. However, an experienced criminal defense attorney may be able to petition the court to have a conviction removed once you have completed your sentence and remain out of trouble. There may be limits on which offenses are eligible for removal and the number of offenses you can have removed in a lifetime.

Can A Drug Charge Cause Me To Lose My Job? In some instances, yes. Whether a drug crime conviction will affect your employment depends on your employer, the job you have, and the offense you have been convicted of. For example, jobs that require negative drug screens are more likely to terminate you if you are convicted of a drug crime. Similarly, government jobs or jobs in law enforcement also likely have a zero-tolerance policy concerning drugs.

Are There Any Diversion Programs For First-Time Drug Offenders? Yes. New Jersey has several diversionary programs, namely, Pretrial Intervention and Conditional Discharge, that a first-time offender may be eligible for in lieu of navigating the traditional criminal justice process. Diversionary programs are designed to help first-time offenders or offenders with substance abuse problems (e.g. Drug Court) resolve their criminal charges without jail time or other punitive measures. Most diversion programs only accept non-violent cases and an admission of guilt is also required in order to be eligible. After completing the program successfully, your drug charge could be withdrawn, and your case could be dismissed. Speak with a New Jersey drug crime lawyer to learn more about what (if any) diversion programs apply to your situation.