FEDERAL CRIMINAL LAWYERS

Hunterdon County Drug Charges

You got charged with a drug offense in Hunterdon County and you don’t know if you’re facing third-degree possession charges carrying years in state prison or first-degree distribution charges carrying up to two decades, whether it matters that you were stopped in your vehicle on Route 31 when the officer found cocaine in the center console or that police executed a search warrant at your residence in Flemington and found heroin packaged in small bags, whether the pills you had without a prescription are Schedule II controlled dangerous substances or Schedule IV, whether the marijuana they found was over or under six ounces which determines if it’s a disorderly persons offense handled in municipal court or a fourth-degree indictable offense requiring Superior Court proceedings. You don’t understand the difference between simple possession for personal use versus possession with intent to distribute based on quantity, packaging, scales, cash, or other circumstantial evidence. You’re worried because the arrest happened within 1,000 feet of a school and you’ve heard that carries enhanced penalties and mandatory minimum sentences. You don’t know if your case will be prosecuted by the Hunterdon County Prosecutor’s Office at Superior Court in Flemington or handled at municipal court. You’re concerned about mandatory minimum periods of parole ineligibility for certain drug quantities that would require you to serve substantial prison time before becoming eligible for release, and you’re worried about the permanent felony record that will affect employment, professional licensing, immigration status, gun rights, and federal student aid.

The answer depends on multiple factors including the type of controlled dangerous substance, the quantity possessed or distributed, and whether the State can prove you had intent to distribute versus simple possession for personal use. Possession of Schedule I, II, III, or IV controlled dangerous substances including heroin, cocaine, prescription opioids, methamphetamine, or MDMA is a third-degree crime carrying three to five years in state prison and up to $35,000 in fines under N.J.S.A. 2C:35-10, though first-time offenders have a presumption of non-incarceration meaning probation is possible. Distribution or possession with intent to distribute controlled dangerous substances under N.J.S.A. 2C:35-5 is graded as first-degree (10-20 years state prison), second-degree (5-10 years state prison), or third-degree (3-5 years state prison) depending on the drug type and quantity, with first and second-degree charges carrying a presumption of incarceration and certain quantities triggering mandatory minimum periods of parole ineligibility. If the distribution occurred within 1,000 feet of school property, N.J.S.A. 2C:35-7 school zone enhancement applies with additional penalties and mandatory minimum sentences even when school is not in session. Marijuana possession over six ounces or hashish over 17 grams is a fourth-degree indictable offense, while possession of marijuana under six ounces is a disorderly persons offense handled in municipal court with up to six months jail exposure. These cases are prosecuted by the Hunterdon County Prosecutor’s Office for indictable offenses at Hunterdon County Superior Court in Flemington, or at municipal courts throughout the county for disorderly persons marijuana offenses. A conviction creates a permanent felony record that appears on all background checks and affects employment especially in healthcare, education, and government, professional licensing, immigration status for non-citizens potentially resulting in deportation, loss of gun rights under federal law, and ineligibility for federal student financial aid.

Thanks for visiting Spodek Law Group. Our founder Todd Spodek earned his Bachelor of Science in Criminal Justice from Northeastern University in Boston and his Juris Doctor from Pace Law School in White Plains, New York. During and after college, Todd worked at some of the largest law firms in Boston and New York, first as a file clerk then as a paralegal preparing multi-defendant cases for trial, gaining invaluable experience in complex criminal litigation. During law school he was recommended for Moot Court where he successfully argued criminal cases demonstrating his advocacy skills early in his legal career. Todd is a second-generation attorney—Spodek Law Group was originally established in 1976, making it a nearly 50-year-old family-owned criminal defense practice with deep roots in criminal law. With over 20 years of experience practicing criminal defense, Todd has handled thousands of tough cases throughout his career and secured numerous acquittals at trial for clients facing the most serious charges including Felony Murder, Depraved Indifference Murder, Assault, Robbery, Menacing, Harassment, and Predatory Sexual Assault. His exceptional work has garnered national media attention—he represented Anna Delvey (Anna Sorokin) in her criminal trial in 2019 which became the basis for the Netflix series “Inventing Anna” released in 2022, represented the juror at the center of Ghislaine Maxwell’s bid for a mistrial, and handled the Faith Walk Ministry case involving over $1.2 million in pandemic fraud charges. Todd’s work has been featured in major media outlets including the New York Post, Newsweek, Fox 5, Business Insider, and Bloomberg. Spodek Law Group has received over 700 client reviews reflecting our commitment to exceptional service and results. We’ve represented many, many clients charged with drug offenses throughout Hunterdon County including possession charges, distribution charges, intent to distribute charges, and school zone violations prosecuted at Superior Court in Flemington, and we’ve handled many, many drug cases at Superior Court in Flemington prosecuted by the Hunterdon County Prosecutor’s Office with successful outcomes including dismissals based on Fourth Amendment violations, suppression of evidence obtained through unconstitutional searches, downgraded charges from distribution to possession, and acquittals demonstrating the defendant didn’t knowingly possess drugs or have intent to distribute. If you’re reaching out to us—we understand the stakes you’re facing.

Possession of Controlled Dangerous Substances Under N.J.S.A. 2C:35-10

New Jersey classifies controlled dangerous substances into five schedules based on their potential for abuse, accepted medical use, and potential for dependence. Schedule I drugs like heroin and MDMA have high abuse potential and no accepted medical use. Schedule II drugs like cocaine, methamphetamine, and fentanyl have high abuse potential but some accepted medical use. Schedule III drugs include certain anabolic steroids and codeine combinations. Schedule IV drugs include prescription sedatives like Xanax and Valium. Schedule V drugs have the lowest potential for abuse and include certain cough preparations with small amounts of codeine. Possession of any Schedule I, II, III, or IV controlled dangerous substance is a third-degree crime under N.J.S.A. 2C:35-10a(1) carrying three to five years in state prison and up to $35,000 in fines under N.J.S.A. 2C:43-3. Possession of Schedule V substances is a fourth-degree crime carrying up to 18 months in state prison and up to $15,000 in fines. For marijuana, possession of over six ounces or over 17 grams of hashish is a fourth-degree crime under N.J.S.A. 2C:35-10a(4) carrying up to 18 months and $25,000 in fines. Possession of marijuana under six ounces is a disorderly persons offense handled in municipal court carrying up to six months in county jail. First-time offenders charged with third-degree possession have a presumption of non-incarceration under New Jersey sentencing guidelines, meaning the judge will typically impose probation rather than state prison unless there are aggravating factors, but a conviction still creates a permanent felony record that appears on all background checks.

Distribution and Intent to Distribute Under N.J.S.A. 2C:35-5

Distribution of controlled dangerous substances or possession with intent to distribute is prosecuted under N.J.S.A. 2C:35-5 and graded by degree depending on the drug type and quantity involved. The State doesn’t need to prove you actually sold drugs to another person—possession with intent to distribute is sufficient, and intent can be inferred from circumstantial evidence including large quantity of drugs, packaging in small bags or individual doses, presence of scales or measuring devices, cutting agents like mannitol or inositol, large amounts of cash especially in small denominations, multiple cell phones, text messages discussing drug transactions, ledgers or records of sales, lack of drug paraphernalia for personal use, and statements made to police or informants about selling. Distribution of five ounces or more of heroin or cocaine, or distribution of certain other drug quantities, is a first-degree crime carrying 10-20 years in state prison under N.J.S.A. 2C:43-6 and up to $200,000 in fines, with mandatory minimum periods of parole ineligibility meaning you must serve a substantial portion of the sentence before becoming eligible for parole. Distribution of one-half ounce to five ounces of heroin or cocaine, or certain other drug quantities, is a second-degree crime carrying five to ten years in state prison and up to $150,000 in fines, with a presumption of incarceration meaning the judge will impose prison time absent extraordinary circumstances. Distribution of less than one-half ounce of heroin or cocaine, or certain other quantities, is a third-degree crime carrying three to five years and up to $15,000 in fines. Third-degree distribution charges for first-time offenders carry a presumption of non-incarceration meaning probation is possible, but judges in Hunterdon County often impose state prison time for distribution offenses even when technically eligible for probation because distribution is viewed as more serious than simple possession.

Todd Spodek’s Strategic Approach to Drug Defense in Hunterdon County

In drug cases prosecuted by the Hunterdon County Prosecutor’s Office, Todd Spodek employs sophisticated defense strategies beginning with challenging the legality of the stop, search, and seizure under the Fourth Amendment to the United States Constitution and Article I Paragraph 7 of the New Jersey Constitution. If police stopped your vehicle without reasonable suspicion of a motor vehicle violation or criminal activity, or searched your vehicle without probable cause and without your valid consent, or executed a search warrant based on an affidavit containing false information or lacking probable cause, Todd files pretrial motions to suppress all evidence obtained as a result of the unconstitutional police conduct, and if the motion is granted the State cannot use the drugs or related evidence at trial which often results in dismissal. He challenges whether you had knowledge that drugs were present—if drugs were found in a vehicle or residence you shared with others, the State must prove beyond a reasonable doubt that you knew the drugs were there, and if multiple people had access to the location where drugs were found, Todd presents evidence that someone else placed the drugs there without your knowledge. He challenges whether you had possession—actual physical possession means drugs found on your person or in your immediate control, while constructive possession requires the State to prove you had knowledge of the drug’s presence and exercised control over it, and when drugs are found in a location accessible to multiple people, proving constructive possession beyond a reasonable doubt becomes difficult. In cases charging possession with intent to distribute, Todd challenges whether the circumstantial evidence actually proves intent to distribute versus personal use—a large quantity alone doesn’t prove distribution if you’re a regular user who buys in bulk, scales and baggies have innocent explanations, and cell phone messages can be ambiguous. He challenges chain of custody issues with drug evidence—the State must prove the drugs tested by the lab are the same drugs seized from you, and if there are gaps in the chain of custody documentation or if the evidence was not properly secured, stored, or documented at each step, the lab results may be inadmissible. In Hunterdon County specifically, Todd has handled drug cases arising from vehicle stops on Routes 31, 78, 202, and other roadways where police alleged they smelled marijuana or observed drug paraphernalia, search warrants executed at residences throughout the county based on confidential informant information or controlled buys, and cases involving alleged distribution in school zones near Hunterdon Central Regional High School, North Hunterdon High School, South Hunterdon Regional High School, and other schools where the 1,000-foot enhancement applies. His trial experience gives him the skills to cross-examine police officers about the circumstances of the stop and search, challenge the reliability of confidential informants whose identities are often protected, present expert testimony about typical quantities used by drug users to refute intent to distribute, and identify inconsistencies in the State’s evidence.

Call 212-300-5196.