Princeton NJ Drug Distribution Lawyer
It is an extremely serious matter whenever someone is charged with distributing, selling or possession with intent to distribute a controlled dangerous substance (“CDS”) in Princeton New Jersey. The Princeton Police Department and Mercer County Prosecutor’s Office aggressively pursue anyone suspected of distribution of drugs of any kind, including marijuana, cocaine, MDMA, LSD and prescription legend drugs like Xanax, Adderall, Oxycodone and Percocet. Depending on the type and quantity of CDS involved, an arrest for selling or distributing drugs can result in a fourth degree, third degree, second degree or first degree crime that can only be heard at the county courthouse in Trenton. When you have so much at stake as what is involved in a possession with intent to distribute case, you cannot afford to defend the matter without a skilled lawyer at your side.
The attorneys at the Law Offices of Jonathan F. Marshall have more than 100 years of combined experience defending drug distribution cases throughout the region. Several of the members of our team are also former prosecutors who have the benefit of learning how the court system works from the other side. They are seasoned criminal defense lawyers who devote their practices and their talents to defending people accused of violating the law. An attorney who has successfully defended countless individuals arrested for selling or possession with intent to distribute drugs is available to review your Princeton CDS case and to formulate an effective defense. Contact our Princeton NJ office at (609) 683-8102 for a free initial consultation with a lawyer on our staff immediately.Distribution of CDS in Princeton New Jersey
N.J.S.A. 2C:35-5 is the New Jersey Criminal Law directed at those who sell, distribute or possess CDS with intent to distribute. A violation of this statute results in a first degree, second degree, third degree or fourth degree crime to depending on the type and quantity of drugs being sold or distributed illegally. It is also important to keep in mind that it is not a defense to this offense that nothing was paid in exchange for the drugs. Legal defenses that may, however, be asserted include:
- Challenging unlawfully obtained evidence with a motion to suppress
- Motions to suppress incriminating statements you made to police if your rights under the Fifth and Sixth Amendments to the Constitution were violated
- Challenging the accuracy of lab analysis identifying the substance and its weight
- Challenging the sufficiency of the evidence prosecutors are relying on to prove a charge of distribution of drugs instead of a drug possession offense with less severe penalties and consequences
Drug distribution is an indictable offense, but whether it is a crime of the first, second, third or fourth degree depends upon the identity of the controlled dangerous substance and its weight. Here are examples of some of the types of drug distribution charges and penalties:
- Distribution of five or more ounces of heroin, cocaine, MDMA or methamphetamine is a crime of the first degree punishable by fines up to $500,000 and 10-20 years in prison.
- Sale of 25 pounds or more of marijuana or 100 milligrams of LSD is also first degree crime with maximum fines of $300,000 and 10-20 years in prison.
- Distribution of less than 100 milligrams of LSD or between five and less than 25 pounds of marijuana is a second degree crime punishable imprisonment for 5-10 years and fines up to $150,000.
- It is also a second degree crime punishable by 5-10 years in prison and a maximum fine of $150,000 to distribute or possess with intent to distribute at least one-half ounce but less than 5 ounces of heroin, cocaine, methamphetamine of MDMA. The same is true if you distribute or sell 100 dosage units or more of a prescription drug, for example Hydrocodone, Adderall, Vicodin, Suboxone or Xanax.
- Distribution of between an ounce and less than five pounds of marijuana or 5-99 dosage units of a prescription drug is a third degree crime punished by fines up to $25,000 and up to five years in prison. Distributing less than an ounce of marijuana or fewer than 5 doses of a prescription drug is a fourth degree that carries up to 18 months of incarceration.
Conviction on a drug distribution charge has harsh penalties associated with it and also leaves you with a permanent felony criminal record for selling CDS. These are life altering consequences that a CDS distribution attorney at the Law Offices of Jonathan F. Marshall will battle aggressively and effectively. A lawyer who is a member of our eight member defense team of former prosecutors is ready to skillfully dissect the drug charge that was filed against you. To reach an attorney anytime time of day or night, contact us at (609) 683-8102 for a free initial consultation.