Charged With Distributing Drugs in Sayreville New Jersey
When one thinks of distribution of a controlled dangerous substance (CDS) like cocaine, heroin or MDMA (i.e. Molly or Ecstasy), what comes to mind is a major league drug dealer. But in truth and fact, drug distribution can arise in Sayreville New Jersey or another municipality as a result of someone selling or distributing the smallest quantity of marijuana or even giving a friend a few dosage units of a prescription drug.
CDS distribution charges are often based on circumstantial evidence. One of the benefits of working with an experienced Sayreville CDS distribution defense lawyer is their knowledge of New Jersey Law, what is required to prove this offense and, most importantly, the most effective ways to help someone who has been charged with selling drugs. Attorneys with this level of skill have the ability to insure that you reach the best possible outcome in your case.
The Law Offices of Jonathan F. Marshall have what you need if you were arrested for distribution of drugs in the Middlesex County municipality of Sayreville. Our criminal lawyers have more than 100 years of combined experience representing clients at the Middlesex County Superior Court who are facing an offense for distributing CDS. Jason Seidman of our firm even served as the Director of the Gangs, Guns and Drugs Task Force of the Middlesex County Prosecutor’s Office. An attorney is available immediately in our East Brunswick Office at 732-201-6509 to discuss how we can defend you.
Sayreville Drug Distribution Offense
Under N.J.S.A. 2C:35-5, commonly referred to as the NJ Drug Distribution Law, it is a crime to knowingly sell or distribute drugs or to possess CDS with intent to distribute it. The resulting criminal charge can come in the form of a crime of the first degree, second degree, third degree or fourth degree. A distribution offense falling within any of these grades must, despite arising in Sayreville, be directed to the Superior Court in New Brunswick. The degree of charge and severity of the penalties hinge on the quantity and type of drug, including:
- Cocaine
- Marijuana
- MDMA, Ecstasy & Molly
- Heroin
- LSD
- Prescription legend drugs (e.g. Xanax, Oxycodone, Hydrocodone, Suboxone & Valium)
As previously stated, distribution of these or another Schedule I, II, III, IV or V drug can result in four different degrees of felony offenses––first, second, third and fourth-degree, with a first-degree felony offense being the most severe. The headings below discuss how your charge will be treated in terms of this grading.
- It is a first degree crime to distribute 5 ounces or more of heroin, cocaine, MDMA or methamphetamine, 100 milligrams or more of LSD or 25 pounds or more of marijuana. The penalties for first degree distribution of CDS/drugs include 10-20 years in prison and a fine of up to $500,000 ($300,000 for methamphetamine and marijuana).
- Manufacturing distributing or selling at least one-half ounce but less than 5 ounces of cocaine, methamphetamine, heroin or MDMA/ecstasy/molly, less than 100 milligrams of LSD, at least 5 pounds but less than 25 pounds of marijuana or 100 or more dosage units of a prescription drug is a second degree crime. Second degree CDS distribution results in 5-10 years in prison and a fine of up to $150,000 ($300,000 for a prescription legend drug).
- A third degree crime result when someone is convicted of distribution of less than one-half ounce of methamphetamine, cocaine, MDMA or heroin, at least an ounce but less than 5 pounds of marijuana or at least 5 but less than 100 dosage units of prescription drugs. The penalties for distributing CDS in the third degree include up to 5 years in prison and a fine of up to $75,000 ($25,000 for marijuana and $200,000 for prescription legend drugs).
- Distributing less than one ounce of marijuana, a Schedule V CDS or under 5 dosage units of a prescription drug is a fourth degree crime resulting in up to 18 months in prison and a fine of up to $25,000 ($10,000 for prescription drugs).
In addition, some penalties require that you serve at least one-third and one-half of the imposed sentence of incarceration before you will be eligible for parole. Moreover, if the offense is committed within 1,000 feet of school property or within 500 feet of public park or housing project, additional charges and penalties apply, including mandatory periods of imprisonment.
Defending a CDS Distribution Charge in Sayreville, New Jersey
The state always has the burden to prove its case beyond a reasonable doubt. No matter how innocent or guilty you may be, if the state does not have sufficient evidence to prove your guilt beyond a reasonable doubt, you cannot be convicted of distributing a CDS.
If the police seized evidence from you, your car, or your home without a required and sufficient warrant, your experienced CDS distribution defense lawyer may be able to have the seized evidence suppressed. Likewise, if your vehicle was stopped without sufficient cause, a good CDS distribution defense lawyer will endeavor to suppress any evidence found in your vehicle.
In any event, if you are arrested and charged with distribution of a CDS, you should exercise your right to remain silent and contact an experienced CDS distribution defense lawyer immediately.
Sayreville NJ Drug Distribution Defense Lawyer
The defense attorneys at The Law Offices of Jonathan F. Marshall are dedicated to defending Sayreville and other Middlesex County criminal charges, including distribution of CDS and drugs. Our skilled lawyers can help you understand the law, ensure that you know your rights, and help you protect your future. If you are facing a CDS distribution offense in Sayreville, New Jersey, call our East Brunswick Office at 732-201-6509, to speak to an attorney with the expertise to get you the result you need. A lawyer is available 24/7 to provide a free consultation.
