Table of Contents
MDMA Defense Lawyers in New Jersey
There are many controlled dangerous substances (“cds”) that can result in criminal charges in New Jersey. One that is definitely on the rise is 3, 4-methylenedioxymethamphetamine (“MDMA”), which is also commonly referred interchangeably as ecstasy/molly. This is a mood altering substance that is psychotropic in nature and therefore heavily regulated by both state and federal law. If you or a loved one was charged with possession of MDMA or distribution of MDMA, you have to find the best attorney that you can find since either variety is a felony that can land you in state prison for years.
We are the Law Offices of Jonathan F. Marshall, one of the state’s largest criminal defense firms. More importantly, our qualifications to ensure your success include:
- Over 200 years of combined experience defending individuals arrested for possession, distribution, and intent to distribute MDMA throughout NJ
- 12 attorneys who specialize exclusively in defense
- Former county prosecutors that have served as Director of the Drug Task Force, Major Crimes, Juvenile Division, Economic Crimes and even an entire Trial Division
- Certified criminal trial attorneys
If you are in need of a New Jersey criminal lawyer because you were arrested for possession of MDMA or, worse yet, allegations that you were selling or distributing this drug, our staff has exactly what it takes to avoid a poor outcome. We invite you to review the information provided on this page and to call us at 877-450-8301 for a free initial consultation.
Possession of MDMA
MDMA falls under Schedule I of the Controlled Dangerous Substance Act. Possession of this category of drug is a third degree crime in accordance with N.J.S.A. 2C:35-10a(1). Possession in violation of this law can result from either actual possession or constructive possession under this law.
- Actual Possession. Someone has actual possession of a drug if the substance is under their direct control such as in their pocket, purse, wallet or backpack.
- Constructive Possession. An individual is in constructive possession if they have both the ability and intention of taking control over MDMA despite lacking direct control. The classic example where this type of possession occurs is where a drug is hidden in a car, apartment or in another manner.
If you were charged with possession of MDMA in New Jersey based on either theory of liability, a talented criminal attorney can help you escape a felony conviction.
Selling, Distributing or Intent to Distribute MDMA
There are three core NJ statutes that are directed at activities involving trafficking or possession with intent to distribute MDMA. The main distribution law is contained at N.J.S.A. 2C:35-5 and makes it a third degree, second degree or even first degree crime to sell, distribute or possess MDMA with intent to distribute. Where a charge falls in terms of this grading hinges on the quantity being distributed or sold. It is a third degree crime where the quantity is less than one-half ounce, a second degree when it is at least one-half ounce but less than five ounces and a first degree where intent to distribute or distribution involves five ounces or more.
When someone engages in distribution or possession with intent to distribute MDMA in a school zone or public park zone, two additional charges can come into play. N.J.S.A. 2C:35-7 makes it a separate third degree crime to sell cds within 1,000 feet of a school or school property. It is also a separate second degree crime under N.J.S.A. 2C:35-7.1 to traffic MDMA within 500 feet of a public park.
MDMA Penalties in New Jersey
As previously stated, possession of MDMA is a third degree crime. The penalties that may be imposed at sentencing for third degree possession of MDMA include up to a $35,000 fine and 5 years in prison.
A conviction for distribution of MDMA carries different penalties that hinge on the degree of crime involved. Third degree distribution of MDMA results in a fine of up to $75,000 and up to 5 years in prison. Second degree possession with intent or distribution of MDMA results in a maximum fine of $150,000 and 5-10 years in prison. An offense for first degree distribution triggers 10-20 years in prison and a potential fine that can reach $500,000.
There are additional penalties that arise if you are convicted for distributing, selling or possession with intent to distribute in a school zone. A fine of up to $150,000 and a mandatory minimum term of imprisonment equal to one-third and one-half of the sentence imposed or three years, which is greater, must be imposed. A separate second degree crime, with the same penalties as those set forth above, applies if the conduct takes place in a public park zone (i.e. within 500 feet of a public park).
Common Defenses in MDMA Cases
There are many defenses that a savvy criminal attorney can utilize to win a MDMA case. The biggest avenue for dismissal is a challenge to the search and seizure that result in an arrest. Perhaps there was a motor vehicle stop that was unsupported by a traffic violation. It is also possible that our defense lawyers contest entry into your car and the ensuing search.
If you were arrested following a search of your apartment or house, the police were required to have a warrant. A warrantless search of your residence is the exception and can only be undertaken under very narrow circumstances. Our defense lawyers will make sure that every opportunity to fight the actions of the police is exhausted.
There are also instances where an individual’s rights are violated because Miranda has been disregarded by law enforcement. An admission elicited without a proper reading of your rights cannot be used in a MDMA case nor can any fruits resulting from this information.
The point is that a talented lawyer like those at our firm can present many arguments to defend and even dismiss MDMA charges.
Contact Our New Jersey MDMA Defense Attorneys
The attorneys at the Law Offices of Jonathan F. Marshall are accomplished litigators and, in most cases, have significant experience serving as prosecutors. If you were charged with possession of MDMA or arrested for distribution of MDMA, our skills are precisely what you need to mount an effective defense.
Our team defends clients throughout New Jersey, including in Camden County, Hudson County, Gloucester County, Atlantic County, Somerset County, Burlington County and Hunterdon County. In fact, our work in these jurisdictions is so considerable that we even maintain offices in Jersey City, Camden, Woodbury, May Landing, Somerville, Mount Holly and Flemington.
To schedule a free consultation with a lawyer with the know-how and trial experience to help you, call 877-450-8301 anytime 24/7.
Additional MDMA Legal Resources To Assist You
Atlantic County MDMA Possession & Distribution Attorney
Somerville NJ MDMA Attorneys
MDMA Lawyer in Passaic County New Jersey