NJ NEW JERSEY POSSESSION WITH INTENT TO DISTRIBUTION LAWYERS
New Jersey’s drug distribution laws are stringent, and possession with intent to distribute controlled dangerous substances is a severe offense that carries hefty fines and lengthy imprisonment. The state law regarding drug distribution captures more than drug dealers; it targets every person possessing drugs for distribution purposes. Therefore, if you’re facing charges under the NJ drug distribution law, seek a seasoned criminal defense attorney’s services like the Spodek Law Group. With over 200 years of combined experience in handling distribution charges related to various controlled dangerous substances, our team of experienced lawyers, including former prosecutors, provides exceptional qualifications that are rare in NJ.
Elements of Possession with Intent to Distribute Charges in New Jersey
The New Jersey drug distribution law N.J.S.A. 2C:35-5 requires four fundamental elements to establish beyond a reasonable doubt before securing a conviction for possession with intent to distribute. These include:
– The prosecutor must prove the item in question was a controlled dangerous substance or CDS.
– The accused must have constructively or actually possessed the drugs.
– The defendant must have knowledge that the substance is a controlled dangerous substance.
– There must be an intention to dispense, distribute or manufacture the drug.
To prove that a person intended to distribute drugs can only rely on evidence and not mere speculation. As such, different factors can help determine whether CDS possession was for personal use or indeed had intent to distribute. These include quantity, quality, purity, packaging, estimated value of drugs found alongside weapons or other equipment associated with distributing illegal drugs.
Penalties for Possession with Intent to Distribute Drugs
The severity of penalties arising from prosecution over alleged possession of controlled dangerous substances depends on the degree of the crime charged. For instance:
First-degree crime: A prison term lasting up to 20 years and fines reaching up to $500000 are imposed upon sentencing.
Second-degree crime: Their penalty includes five-to ten-year imprisonment accompanied by a maximum fine of $150000 for those found guilty.
Third-degree crime: Imprisonment lasting three to five years and maximum fines of up to$75000 ($25000 in the case of marijuana) apply to third-degree charges.
Fourth-degree crime: Convicted individuals may face 18 months of imprisonment, with a maximum fine not exceeding $10000.
The degree of the alleged possession with intent to distribute CDS crime charge depends on the quantity. Here’s how it works:
First Degree Crime:
– Possession of at least 25 pounds of marijuana or more than five ounces each of heroin, cocaine, methamphetamine, or MDMA.
– Possession of 100 milligrams or over LSD.
Second Degree Crime:
– Possession of at least one-half ounce but less than five ounces heroin, cocaine, methamphetamine, or MDMA
– Possession between five pounds and twenty-five pounds marijuana and others quantities deemed fit by authorities.
Third Degree Crime:
– Less than half an ounce heroin, cocaine, or other similar CDS drugs
– Possession ranging from one (1) ounce but below five (5) ounces Marijuana
Fourth Degree Crime:
-Possession not above one oz. Marijuana or different CDS drugs
Possession with Intent Charges and Diversionary Programs
First-time drug distribution offenders who face third/fourth-degree crimes are eligible for Pretrial Intervention(PTI). Whereas possession with intent that is a second/third-degree charge requires prosecutor consent first before seeking admission into PTI. Upon fulfilling probation requirements like remaining drug-free and arrest-free after one year marks successful completion of pretrial intervention dismissed criminal charges.
Drug Court is another diversion program available for relief in cases under 2C:35-5. This program aims for treatment rather than incarceration when it comes to addiction. Completing a daunting five-year period that involves rigorous supervision and rehabilitation results in the conviction’s automatic expungement upon Drug Court completion.
Drug charges ruin your life, and having a criminal record may have lifelong consequences. Do not wait any longer; get top criminal defense attorneys to guide you through the legal process. When working with Spodek Law Group, you can be confident that our team of skilled lawyers has the skills and experience required to protect your interests. Our service is available in different New Jersey counties ranging from Middlesex, Ocean, Hunterdon, Monmouth, Essex, Union, Burlington to Somerset, among others.Ccontact us at 212-300-5196 to speak to an attorney who will listen to you and provide legal advice that gets results.
-NEW JERSEY POSSESSION WITH INTENT TO DISTRIBUTION LAWYERS
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS