NJ DISTRIBUTION IN A PUBLIC PARK
Protect Your Rights with Public Park Charge Attorneys in Camden County
Have you been caught distributing drugs within 500 feet of a public park or building? You may face a separate drug distribution charge under the New Jersey Criminal Code. Violating N.J.S.A. 2C:35-7.1, which includes “distributing, dispensing or possessing controlled dangerous substances (CDS) with intent to distribute within the specified proximity, will result in a second-degree crime.
In Camden County Superior Court, being convicted of violating N.J.S.A. 2C:35-7.1 can lead to harsher penalties than regular distribution charges. Thus, it is essential to have an experienced public park charge attorney who has defended similar cases and understands how complicated these kinds of drug cases can be like at Todd Spodek’s law firm in Camden County.
Our team includes multiple former prosecutors, making us one of the largest defense teams in the state. If you want legal representation from our qualified squad, call us at 856-242-2062 anytime for free consultation.
Understanding Public Park Violation under N.J.S.A. 2C:35-7.1
Public housing facilities, buildings owned or leased by local housing authorities or a state, county or local government unit such as museums and libraries are all considered “public parks” under this law (N.J.S.A. 2C:35-7.1). Creating living accommodation for low-income individuals is also the reason why these structures exist.
Even if you were unaware of the prohibited zone when found within 500 feet of any public place listed under N.J.S.A. 2C:35-7.1 statutes, that isn’t a valid defense if found guilty violating said law. Additionally, this section cannot merge with other violations as it’s considered a separate charge alone; hence penalties apply for both offenses brought against the defendant. However, the defendant can defend their situation by proving that the distribution was not for financial profit and did not involve minors.
The burden of proof on this defense lies with the defendant. It’s up to them to show via preponderance of evidence, which is a low standard of proof, that it’s more likely accurate than not. The prosecutor, however, must prove beyond reasonable doubt that each element of the crime has been committed.
Possible Penalties for Your Public Park Charge in Camden
Distributing controlled substances like MDMA, prescription drugs, cocaine, or heroin within 500 feet proximity of public structures as listed under N.J.S.A. 2C:35-7.1 will carry a sentence between five and ten years imprisonment and potentially up to $150,000 in fines.
However, violating state laws while distributing less than an ounce of marijuana falls under third-degree crime sentencing. In these cases any violation of 2C:35-7.1 results in a maximum sentence penalty comprising of just $50,000 fines and hold up until five years’ imprisonment period.
Facing criminal charges is unpleasant at and overwhelming at worst- particularly when you’re facing such severe penalties for your first offense! With over 100 years worth of combined experience defending criminal charges in Camden County – including ones involving controlled dangerous substances – it goes without saying that were well equipped to assist our client through Todd Spodeks legal team based in Camden County.
Our attorneys are skilled in fighting back against prosecutors with weak spots observed throughout your case being utilized on behalf of your interests always!
If you have questions regarding drug distribution charges or public park charges violations contact Todd Spodeks public park charge attorneys thorough examination since they provide top-notch legal representation services readily available at any time most suitable for you offering free consultations too.
Table 1: Penalties for Violating N.J.S.A. 2C:35-7.1
| Type of Controlled Substance | Proximity | Charge | Penalty |
| —————————- | ——— | ——| — |
| Cocaine, Heroin, MDMA, Prescription Drugs | Within 500 Feet | 2C:35-7.1 | 5-10 years imprisonment, $150,000 fine |
| Less than an ounce of Marijuana | Within 500 Feet | 2C:35-7.1 | Up to 5 years imprisonment,$50,000 fine |
Table 2: Public Zone Definitions Under N.J.S.A. 2C:35-7.1
| Public Structures | Definition |
| ——————- | ———————————————————————————————————————|
| Public Housing Facility | A dwelling, complex of dwellings, accommodation, building /structure/facility & its appurtenant nature used in housing low-income individuals that are owned or leased to a local housing authority under the Local Redevelopment and Housing Law |
| Public Park | Any publicly-owned facility such as a park/recreation facility/area/playground controlled by a state/county/local government unit |
Public Building | Any publicly-owned or leased museum/library |
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS