Contact Our Mount Holly Criminal Defense Firm To Speak To A Skilled Attorney About Your Charge For Manufacturing, Distributing or Possession With Intent To Distribute Marijuana in Burlington County
Irrespective of your thinking on whether or not marijuana should be illegal, it is still considered a controlled dangerous substance (“CDS”) that cannot be manufactured, distributed or possessed with intent to distribute absent a special license. Anyone who sells or distributes marijuana is considered a drug dealer and is exposed to many of the same penalties that apply to other drugs. Possession with intent to distribute is always a indictable crime (i.e. felony) that exposes an individual to different penalties depending on the quantity the accused was caught selling. This means exposure to a jail sentence of 18 months on the low end for a fourth degree to 20 years for a first degree marijuana distribution offense. There is certainly no doubt that you need the services of an experienced Burlington County marijuana distribution lawyer with potential stakes like these.
The criminal lawyers at this firm have attributes that are excellent in terms of qualification to defend your Burlington County marijuana distribution case. Our superb credentials to ensure your success include:
- Over 200 Years of Combined Experience Defending Marijuana Charges
- Former County Prosecutors Who Have Served As Directors of the Drug Task Force, Major Crimes & the Trial Division
- Extensive Jury Trial Experience (Certified Criminal Trial Attorney)
- Thousands of Success Stories Representing Clients Charged With CDS Offenses
- Most Of The 10 Criminal Attorneys Have At Least 15 Years In Practice
If you have been charged with selling, distributing or possession with intent to distribute marijuana in Mt. Holly, Bordentown, Cinnaminson, Delran, Florence or anywhere else in Burlington County, let us take a close look at your case in a free initial consultation. We can discuss the case over the telephone or meet at our Mount Holly Office on High Street just a block from the Superior Court where your distribution of marijuana charge will be heard. Any attorney is available 24/7 at 609-491-2110.
First, Second, Third or Fourth Degree Distribution of Marijuana Charge at the Burlington County Superior Court in Mount Holly New Jersey
As previously stated, the severity of a criminal charge for selling, distributing or possession of marijuana with intent to distribute depends on the quantity involved. Another factor is whether the conduct occurred in a school zone, public park, or involves maintaining a marijuana production (or cultivation) facility. N.J.S.A. 2C:35-5 sets forth the grading and penalties that apply to manufacturing, distributing or dispensing marijuana. The breakdown on how a case results in a first, second, third or fourth degree crime under this law, as well as the related penalties, are as follows:
- First Degree Marijuana Distribution. Where the quantity of marijuana is twenty-five (25) pounds or more, or fifty (50) or more plants, a distribution offense is a first degree crime. First degree marijuana distribution carries up to twenty (20) years in state prison and a fine of up to $300,000.
- Second Degree Marijuana Distribution. If the amount of marijuana equates to five (5) pounds or more but less than twenty five (25) pounds, or ten (10) to forty-nine (49) plants, you face a second degree crime. Distributing marijuana in the second degree results in up to ten (10) years in state prison and a $150,000 fine.
- Third Degree Marijuana Distribution or Intent to Distribute. Where the quantity of marijuana is between one (1) ounce and five (5) pounds or less than five (5) plants, you will face a third degree crime. A third degree possession with intent to distribute marijuana charge triggers a state prison term of up to five years and a $25,000 fine.
- Fourth Degree Marijuana Distribution. Where the amount being distributed is less than one ounce, distribution of marijuana is a fourth degree crime. A fourth degree distribution of marijuana charge carries a jail term of up to eighteen (18) months and a $10,000 fine.
For those of you facing a second or subsequent distribution offense, the ramification of a conviction are even more severe since your are subject to a period of parole ineligibility under the Brimage Guidelines. A marijuana distribution case also becomes significantly more complicated when a separate charge for distribution in a school zone (i.e. within 1,000 of school property) or in a public public (i.e. within 500 feet of a public park or housing project). You are exposed to additional periods of incarcerations and other penalties when this is the scenario.
If you are looking for a criminal attorney with top credentials to defend your marijuana distribution charge in Burlington County, contact the Law Offices of Jonathan F. Marshall, 217 High Street Suite 201 Mount Holly, NJ 08060, at (609) 491-2110. We know the best approaches for defending clients charged with selling, manufacturing and possession with intent to distribute marijuana in Bordentown, Cinnaminson, Delran or Florence, Mt. Holly, Evesham, Medford, Pemberton, Moorestown, Burlington Township, Mount Laurel, Maple Shade, Eastampton, Bordentown, Lumberton, Cinnaminson, Southampton, Edgewater Park, Mansfield, Westampton, Riverside, Chesterfield and elsewhere in Burlington County.
Distribution of Marijuana Has Additional Consequences for Green Card & Visa Holders. You are going to want to invest everything you can into your defense if you aren’t a United States citizen. A Mount Holly conviction for distributing marijuana in any quantity is an aggravated felony under Federal Immigration Law. You are likely to have your status revoked and removal proceedings instituted if this occurs. Hiring the very best Burlington County marijuana distribution defense attorney you can find is especially important if you are exposed to this issue.
A Commitment To Your Case Is Crucial. We frequently receive telephone calls from individuals seeking advice because they are unhappy with the efforts of their current attorney. The classic scenario is their reaching plea cutoff and either having to accept a final plea offer which is unacceptable or proceed to trial with much more time hanging in the balance. The unfortunate fact is many of these individuals selected the wrong lawyer — one that was uncommitted to exhausting any and all defenses to their distribution offense. The key is to make the right choice at the outset by hiring a criminal firm that not only has the real experience to help you (as opposed to slick copy on a webpage) but is committed to fighting for you to the end. This means challenging the search and seizure (e.g. was the motor vehicle stop or search of your residence proper) that led to your arrest, filing Miranda and other motions and contesting all of the evidence presented against you.
Diversion Programs That Can Provide Relief From A Marijuana Trafficking Charge. If you are facing a fourth degree or third degree crime for distribution of marijuana and are a first time offender, you are eligible for Pretrial Intervention. More serious grades of distribution offense are ineligible for this program unless there is prosecutor consent. An individual must complete one year of probation, remaining arrest and drug free, and their charge is dismissed without any record of conviction upon successful completion. Another program that may be utilized by someone arrested for distributing/selling marijuana is NJ Drug Court.
Exploring All Defenses To Your Marijuana Case. If you are found guilty of distributing marijuana in violation of N.J.S.A. 2C:35-5 at the Mt. Holly Superior Court, you will have a record for a felony that can certainly impact your future (e.g. employment, professional license, etc.). There is also the potential for a lengthy prison sentence and stiff fines. It is fundamental important that you present your best defense to a Burlington County distribution of marijuana offense. This may involve challenging the police about the way they obtained the incriminating evidence against you (e.g. filing a Miranda motion). If the case involved undercover buys, this can mean our obtaining disclosure of the confidential informant and subjecting him or her to prodding too. The biggest issue in marijuana distribution cases is often the search and seizure that led to the arrest. Was there a search warrant and, if not, did the police possess independent probable cause to support their actions? If the discovery of the marijuana came as a result of a car search, did the police need to secure a warrant based on the facts presented to them or was a warrantless search of the car or truck proper?
Mt. Holly NJ Distribution of Marijuana Defense Attorneys
A marijuana case gets much more complicated when it involves allegations of distribution, cultivation or possession with intent to distribute. Failure to secure an acquittal results in exposure to a state prison term and many other potentially dire consequences. It is there pivotal to hire the most gifted lawyer to defend this type of drug arrest in Westampton, Medford, Burlington Township, Moorestown, Eastampton or another local Burlington County municipality. There is no doubt that the attorneys at the Law Offices of Jonathan F. Marshall have exceptional credentials in this regard with a team of ten (10) who specialize in defense, have in excess of 200 years of combined experience and include former prosecutors who have served at the highest levels. You are encouraged to contact our Mount Laurel Office at (856) 234-8900 to speak to an attorney who is highly knowledgeable in the defense of felony marijuana offenses at the courthouse in Mt. Holly.
Related Burlington County Legal Resources To Assist You