Charged With Distributing Marijuana, Cocaine, Heroin, MDMA, LSD or Another Drug in the Borough of South River
The Former Director of the Middlesex County Drug Task Force Is Ready To Defend You
A month long drug investigation by the South River Police Department during 2017 resulted in execution of a search warrant for the home of a 31-year-old resident. The resulting seizure included controlled dangerous substances (“CDS”) that included eight “bricks” of heroin. The defendant was charged with distribution of CDS and an assortment of other drug offenses. This South River arrest is a run of the mill example that could just as easily involve cocaine, Ecstasy, Xanax, marijuana or another CDS. If you were arrested or otherwise charged with distributing/selling drugs in South River, hiring a lawyer who is equipped to fully protect your interests is essential.
The Law Offices of Jonathan F. Marshall has a team of attorneys with unique qualifications for defending your CDS distribution offense. Our staff includes Jason Seidman, former director of the Gangs Guns & Drugs Task Force of the Middlesex County Prosecutor’s Office, and attorney who who formerly served as supervisor of Drug Court. Let us help you defend your South Driver drug distribution charge at the Middlesex County Superior Court in New Brunswick. Our lawyers will explore all options for securing a dismissal or favorable plea agreement to get you the best outcome possible. Contact our East Brunswick Office at 732-227-1200 to discuss your charges with a lawyer immediately.
CDS Distribution in South River New Jersey
The law that makes it illegal to distribute, sell, dispense or possess CDS with the intent to distribute in South River or anywhere else in Middlesex County is N.J.S.A. 2C:35-5. This law makes it unlawful for any person to knowingly or purposely: (1) manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance . . . ; or (2) create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
Definition of “CDS” Under 2C:35-5. CDS is any drug or compound that is illegal to possess under any circumstance or which cannot be dispensed except in accordance with a valid prescription. Examples of CDS covered by this law include:
- Cocaine or Crack
- Heroin
- Crystal Meth (a.k.a. Methamphetamine)
- MDMA (a.k.a. Molly or Ecstasy)
- LSD
- Marijuana
- Prescription Drugs like Xanax, Oxycodone, Percocet, Vicodin, Valium, Hydrocodone, Suboxone, Adderall and Ativan.
Penalties for Violating 2C:35-5. The type and amount of CDS being distributed in South River determines the degree of crime and penalties for selling/distribution of drugs as follows:
- First Degree Crime. An individual faces a first degree crime, 10-20 years in prison and a fine of up to $500,000 in fines ($300,000 for marijuana), if they distribute/sell/possess with intent to distribute: (1) Cocaine, Heroin, Meth, and MDMA (e.g. Molly or Ecstasy) in an amount of 5 ounces or more; (2) 100 milligrams or more of LSD; (3) 25 lbs. or more (50 plants or more) of Marijuana.
- Second Degree Crime. It is a second degree crime with 5 to 10 years in prison and up to a $150,000 in fine ($300,000 for prescription legend drugs) to engage in distribution of: (1) at least 1/2 but less than 5 ounces of Cocaine, Heroin, Meth and MDMA; (2) less than 100 milligrams of LSD; (3) at least 5 pounds but less than 25 pounds of Marijuana; or (4) 100 or more dosage units of a Prescription Legend Drug such as Oxycodone, Valium, Hydrocodone, Percocet, Vicodin, Suboxone, Adderall or Fentanyl.
- Third Degree Crime. It is a third degree crime that results in 3 to 5 years in prison and a $75,000 fine ($200,000 for prescription legend drugs, and $25,000 for marijuana), to distribute or sell: (1) less than 1/2 ounce of Cocaine, Heroin, Meth, and MDMA; (2) at least one ounce but less than 5 pounds of Marijuana; or (3) 5 to 100 dosage units of a prescription legend drug.
- Fourth Degree Crime. It is a fourth degree crime resulting in up to 18 months in prison and a $25,000 fine ($10,000 for prescription drugs) when someone is convicted of distribution of: (1) less than one ounce of Marijuana; (2) 4 or fewer dosage units of a prescription drug; or (3) a Schedule V CDS.
- Enhanced Penalties. In addition to enhanced penalties when someone is arrested for distribution within 1,000 feet of school property under N.J.S.A. 2C:35-7 (i.e. in a school zone) or within 500 feet of a public park in violation of N.J.S.A. 2C:35-7.1 (i.e. in a public park or housing project zone), the court will impose increased penalties if:
- You were in possession of a gun during the offense;
- Someone dies as a result of the CDS distributed to them; or
- You distributed CDS to a pregnant woman or a minor.
South River CDS Distribution Attorney
As you can see, the consequences of a South River distribution of CDS arrest can be severe. Make sure you have a highly skilled lawyer helping you with your case so that ramifications of your drug offense are minimized. Our savvy trial attorneys that have the ability and commitment to mount a potent defense at the Superior Court in New Brunswick. Our efforts translate into consistent outcomes of reduced and/or dismissed possession with intent to distribute charges. An attorney on our team is available to discuss the parameters of your case so that a comprehensive plan to defend you is formulated. Call us at 732-227-1200 to speak to one of our knowledgeable lawyers immediately.