NJ DISTRIBUTION, MANUFACTURING OR SELLING CDS NEAR A PUBLIC PARK, HOUSING FACILITY OR PARK
CDS Offense within 500 Feet: Avoid Stiff Penalties with the Help of Proven Defense Attorneys
Being charged with a drug offense in New Jersey can bring severe consequences, especially when the offense occurs within 500 feet of a public park, housing project, or building. Anyone caught in this situation could face charges under N.J.S.A. 2C:35-7.1, which carries significantly heavier penalties than simple drug possession. Fortunately, residents of Monmouth County, Ocean County, Middlesex County, Passaic County, Union County, Hudson County, Morris County, Essex County or Bergen Country needing legal help can rely on Todd Spodek’s drug defense team to build a solid defense strategy that helps you avoid jail time.
What is N.J.S.A. 2C:35-7.1?
According to N.J.S.A. 2C:35-7.1 statute in New Jersey law indicates that anyone who possesses, dispenses or distributes a controlled substance analog within a distance of 500 feet from public property like a housing facility for low-income people is committing second-degree crime (drug distribution). However, if the wrongdoing involves possession of a quantity less than an ounce of marijuana it becomes charges as third-degree crime (drug possession), punishable by lesser fines and potentially shorter jail time.
Public Property under N.J.S.A. 2C:35-7.1
The law applies specifically to three types of Public properties:
A public area designed for recreation such as playgrounds owned or under the control of government units falls into this category.
Example: Asbury Park Boardwalk in Asbury Park.
B.public housing facilities:
Property taken on lease or owned by local housing authorities exclusively meant for affordable accommodation for low-wage earners.
example:Asher Holmes, a public housing community located in Ocean County.
Any property made available to the general public for use and which belongs to or is alternatively leased by the government falls under this category. Herein are some bold examples.
Examples:The Newark Public Library, State Museum in Trenton.
What Happens If You’re Arrested Within 500 Feet of These Properties?
Ignorance of being within the 500-foot range of such protected governmental properties does not excuse anyone from any potential charges. Typically, Municipalities across New Jersey administer approved ordinance resolutions that include maps showing areas where these laws apply.
Todd and Spodek’s experienced attorneys perform investigative diligence that examines whether you committed an offense in a protected area stipulated in the resolution ordinance’s map.
CDS Offense within 500 Feet: An Affirmative Defense
Notwithstanding the previous stipulation, if possession or distribution of controlled substances within this protective area falls outside profit-making purposes and subjects are adults aged over seventeen years old, it becomes impossible to levy liability against any accused party for violating 500-foot protection law. This is called an affirmative defense.
Sentencing & Penalties
If you violate N.J.S.A.2C:35-7.1 and find yourself charged with drug possession or distribution (second-degree crime), penalties typically include spending five to ten years in prison with fines ranging significantly as high as $150,000. On convictions linked with one ounce or less of marijuana, though, authorities impose sentences exclusively in terms of penalties instead of imprisonment periods.
On charges linked to marijuana sales weighing no more than one ounce, it morphs into third-degree crimes carrying zero to five-year jail time-prison time allotted solely at the judge’s discretion. Under this legal provision there aren’t any mandatory parole-ineligibility periods.
Get Legal Help Immediately!
Facing criminal charges under N.J.S.A.2C:35-7.1 demands the services of a reputable law firm with a proven track record in drug cases. Todd Spodek’s team of lawyers are on standby to provide you with expert legal defense strategies that ensure your freedom and protect your rights as a citizen. Give us a call today at 212-300-5196 to schedule a consultation with our seasoned defense attorneys who will stand at your corner in Monmouth County, Ocean County, Middlesex County, Passaic County, Union County, Hudson County, Morris County, Essex Count or Bergen Country!
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