A Talented Defense Lawyer In Our Hoboken or Jersey City Office Including A Former Drug Task Force Director At The Prosecutor's Office Is Ready To Discuss Your Distribution Charge
You probably don’t think of yourself as a drug dealer but the Hoboken Police definitely have a different opinion if you have been charged with distributing or possession with intent to distribute CDS in the City. More importantly, you are facing charges that can severely effect your future whether the crime filed against you is a fourth degree, third degree, second degree or first degree. Any form of drug distribution conviction carries with it a potential state prison term and thousands of dollars in fines. You therefore need the services of an experienced Hoboken drug distribution lawyer capable of ensuring that you have every chance of averting a conviction.
Whether you have been arrested and charged or are under investigation by the police, a Hoboken drug distribution lawyer from the Law Offices of Jonathan F. Marshall has the experience, skills and legal know-how to defend your rights, protect your freedom and prevent a drug distribution conviction from ruining your life. Our team can offer you:
- 200 years of collective experience defending CDS distribution charges involving marijuana, cocaine, heroin, Xanax, ecstasy, LSD and other drugs
- Ten (10) lawyers that dedicate their practice 100% to representing the accused
- Former county prosecutors that include a Director of the Drug Task Force, Major Crimes Bureau, Juvenile Unit and an entire Trial Division
- Criminal trial attorneys
We know you have questions and concerns about your distribution charges arising in Hoboken and make one of our seasoned Hudson County criminal defense attorneys available 24/7. For a free consultation with a lawyer, call 201-309-0500.
CDS Distribution in Hoboken
Manufacturing, distributing or dispensing drugs is a criminal offense under N.J.S.A. 2C:35-5. This law also applies to possession of CDS with intent to distribute. The penalties for these activities depend on the type and quantity of the drugs. Irrespective, a distribution charge always falls outside the jurisdiction of the Hoboken Municipal Court. The only place that a Hoboken intent to distribute charge can be heard is the Hudson County Superior Court.
The attorneys at our firm conduct a thorough review of the facts and the evidence to identify flaws and weaknesses in the prosecutor’s case and to identify defenses we can assert on your behalf. For example, locating evidence supporting a claim that you were in possession of drugs for personal use could cause the prosecution to agree to a reduction of the charge.
Other defenses that arise in drug distribution cases include challenges to the methods used by the police to obtain the evidence the prosecution seeks to use to prove its case against you. Challenging a search or seizure as being in violation of the Fourth Amendment to the U.S. Constitution could persuade a court to prohibit use of the evidence by the prosecution.
We take nothing for granted when defending you against the serious consequences of a drug distribution offense, including the accuracy of laboratory analysis reports. A key element of the prosecution case is that the substance seized by the police during your arrest was in fact a CDS. An analysis of the substance by a laboratory must be provided in your case and mishandling of the evidence, for example, a gap in the chain of custody or contamination of the sample can invalidate a test result. Our attorneys scrutinize evidence such as this so that you have maximum protection against a conviction.
Hoboken Penalties For Distributing Drugs
The type of CDS, its quantity and location of the offense all play a role in determining the penalties courts may impose following a conviction for drug distribution. The following are some examples of specific drugs and the penalties associated with a violation of N.J.S.A. 2C:35-5:
- Distribution of 5 ounces of heroin or cocaine: Crime of the first degree punishable by at least 10 years and a maximum of 20 years in prison and a fine as high as $500,000.
- Distribution of 25 pounds of marijuana: Crime of the first degree with a maximum fine of $300,000 and from 10 to 20 years in prison.
- Distribution of less than 100 milligrams of LSD: Crime of the second degree punishable by a minimum of five years in prison with a maximum prison term of 10 years and a maximum fine of $150,000.
- Distribution of an ounce of marijuana: Crime of the third degree crime punished by fines up to $25,000 and up to five years in prison.
- Distribution of less than an ounce of marijuana: Crime of the fourth degree punishable by up to 18 months in prison.
N.J.S.A. 2C:35-10.5 is a separate statute that targets prescription legend drugs like Xanax, Suboxone, Adderall, Methodone, Percocet and Hydrocodone. It is a second degree crime to distribute 100 or more dosage units, third degree crime where the distribution involves at least 5 but less than 100 units and a fourth degree crime with someone sells or possesses 4 or fewer pills or doses with intent to distribute.
You face additional penalties under N.J.S.A. 2C:35-7 for distribution in a school zone, as well as under N.J.S.A. 2C:35-7.1 if the conduct was within 500 feet of a housing project or public park. If a vehicle is involved in committing the offense, you could have your driver’s license suspended and the vehicle seized under New Jersey asset forfeiture laws.
Hoboken NJ Drug Distribution Attorney
At the Law Offices of Jonathan F. Marshall, our approach to defending you against a Hoboken drug distribution offense is with an aggressive defense strategy to achieve a dismissal or an acquittal after trial. However, we also explore diversion programs offered by the state that could allow you to avoid the penalties and life-long stigma of a conviction. Call us now at 201-309-0500 for a free initial consultation with one of our skilled attorneys to discuss your case and the options available to you. A member of our defense team is available 24 hours a day and seven days a week to speak with you.