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Spotswood NJ CDS Distribution Attorney
Charged With Distributing Marijuana, Heroin, Cocaine, LSD or Prescription Drugs in Spotswood
Not long ago, a group of Spotswood teenagers were arrested for distribution of marijuana, Xanax and weapons related offenses. The individuals were found in an apartment with various contraband, including a large amount of marijuana. The Spotswood Police charged the defendants with distribution of CDS and an assortment of other drug and weapon charges. Representation by a skilled attorney is imperative for anyone facing a drug distribution case since the ramifications of a conviction are extreme.
The attorneys at the Law Offices of Jonathan F. Marshall have extensive experience defending against CDS distribution charges at the Middlesex County Superior Court. In fact, one of our lawyers is even the former director of the Gangs Guns & Drugs Task Force of the Middlesex County Prosecutor’s Office. A lawyer who our attorneys know how prosecutors prepare for drug cases, and we know to quickly find weaknesses in the State’s case. We have been very successful at getting distribution charges dismissed, or negotiating favorable plea agreements for our clients, while also being ready to aggressively try your case in court. We offer a free initial consultation. Call us today at 732-246-7126.
CDS Distribution in Spotswood
The offenses of CDS Distribution, and Possession of CDS with the Intent to Distribute, are codified in New Jersey under N.J.S.A. 2C:35-5. This law states that it is unlawful for someone “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 . . . a counterfeit controlled dangerous substance.” Controlled dangerous substances, also referred to as CDS, including drugs like:
In addition, there are two other statutes that you need to be aware of when it comes to CDS Distribution:
• School Zone Law: N.J.S.A. 2C:35-7. This statute states that if a person distributes, or possesses with the intent to distribute, drugs within 1,000 feet of school property, any criminal penalties can be increased by the court.
• Public Park or Housing Zone Law: N.J.S.A. 2C:35-7.1. Similar to the school zone statute above, 2C:35-7.1 imposes enhanced penalties on someone who distributes, or possesses with the intent to distribute, drugs within 500 feet of a public park, public library, or public housing project.
Criminal Penalties for CDS Distribution
The degree of crime (the seriousness of the crime) and the possible criminal penalty for a distribution offense depends on the kind and amount of CDS involved. For example, distribution of 5 or more ounces of cocaine, MDMA, methamphetamine or heroin, 25 or more pounds of marijuana or 100 or more milligrams of LSD is a first-degree offense, carrying a possible sentence of 10 to 20 years in prison, and up to $500,000 in fines. Distributing of between ½ and 5 ounces of those same drugs, 5-25 pounds of marijuana, less than 100 milligrams of LSD or 100 or more dosage units of a prescription drug like Xanax, Oxycodone, Percocet, Valium, Vicodin or Hydrocodone is a second-degree offense, carrying a possible sentence of 5 to 10 years in prison, and up to $150,000 in fines. Finally, distributing less than ½ ounce of heroin, methamphetamine, cocaine or Ecstasy/Molly, at least one ounce but less than 5 pounds of marijuana, less than 100 doses of a prescription drug is a third-degree offense, carrying a possible 3 to 5 years in prison, and up to $75,000 in fines.
In addition to having an offense be in a school zone or close to public property as discussed above, the court will also impose increased penalties if (i) you were in possession of a gun during the offense – such as the young Spotswood residents in the case above; (ii) someone dies as a result of the CDS distributed to them; or (iii) CDS is distributed to a pregnant woman or a minor.
Diversion Programs. There are two diversion programs that potentially come into play when someone is charged with a distribution offense at the Superior Court in New Brunswick, including those arising in a municipality like Spotswood. Pretrial Intervention allows a first time offender to complete a period of probation to avoid prosecution and penalties for possession with intent to distribute CDS. Drug Court is available to individuals addicted to heroin, cocaine, alcohol and other drugs so that they can avoid incarceration.
Spotswood CDS Distribution Lawyers
Distribution of CDS is one of the more serious crimes at person can face in Spotswood so it is always best to seek representation by a seasoned defense attorney. The lawyers at our firm have over 100 years of collective experience defending charges for selling, distributing and possession with intent to distribute herion, cocaine, marijuana and other drugs. You can contact our office anytime 24/7 at 732-246-7126 to speak to a lawyer on our team. Lawyers are available now to help you.
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