The Talented Defense Attorneys In Our Jersey City Office Include a Former Drug Task Force Director at the Prosecutor's Office
A drug distribution investigation by the North Bergen Police rarely ends without someone being arrested. If you are the target of law enforcement or, worse yet, have already been charged, it is abundantly important that you consult with an attorney who is experienced in defending CDS charges at the Hudson County Superior Court in Jersey City. The attorneys at our firm definitely possess the pedigree that you need to successfully defend your possession with intent to distribute marijuana, heroin, lsd, cocaine, methamphetamine, ecstasy or another controlled dangerous substance in North Bergen New Jersey.
The Law Offices of Jonathan F. Marshall have put together a formidable team with qualifications that an unquestionably rare. Our firm can offer you:
- Over 200 years of experience representing clients arrested for selling and possession with intent to distribute in Hudson County
- 10 lawyers that handle nothing but criminal defense
- Former county prosecutors that served as the Director of the Drug Task Force, Major Crimes Unit, Juvenile, Special Operations (e.g. economic crimes) and even an entire Trial Division.
- Certified criminal trial attorneys
- An office located directly across from the courthouse in Jersey City where your case will be heard
When your freedom is on the line, you need a dedicated advocate who is skilled in defending individuals charged with distributing drugs/cds in North Bergen like those at our firm.
Contact our Jersey City Office at (201) 309-0500 for a free initial consultation an accomplished North Bergen criminal lawyer. We have someone available 24 hours a day and 365 days a year to answer your questions or assist you with an initial appearance at Central Judicial Processing (“CJP”) or detention hearing.
CDS Distribution in North Bergen
N.J.S.A. 2C:35-5 makes it a criminal offense to manufacture, sell or possess a controlled dangerous substance (“CDS) with intent to distribute. Any drug that is found on Schedule I through IV of the Controlled Dangerous Substance Act falls within this prohibition. These schedules classify CDS according to their probability for abuse and addiction, as well as the existence of recognized medical use. Heroin, methamphetamine, LSD, MDMA (i.e. ecstasy and molly), marijuana are Schedule I CDS. Opioid-based medications frequently prescribed by doctors as pain relievers like Oxycodone, Morphine, Percocet and Xanax are examples of Schedule II CDS. Cocaine is also found in this schedule because it actually possesses a medical use.
Our skilled defense attorneys make effective use of suppression motions to challenge the ability of the prosecution to use evidence seized by the police and incriminating statements you may have made when questioned by investigators. The U.S. Constitution protects you against unreasonable searches and seizures and offers protections against improper questioning and interrogation by police, but it takes a defense lawyer adept at investigating the facts of your case to identify defenses and present them in a persuasive and compelling manner to convince a judge to exclude improperly obtained evidence.
Grading of Charges & Penalties for Selling or Possession With Intent to Distribute
Penalties for almost always severe and are predicated on the type and quantity of drugs distributed, sold or possessed with the intention of distribution. The following is a breakdown of the grading for drug distribution offenses:
- First Degree Crime. It is a crime of the first degree to distribute 5 ounces or more of heroin, methamphetamine, mdma or cocaine, 100 milligrams or more of LSD or 25 or more pounds of marijuana. You could be sentenced to serve from 10 to 20 years in prison and be ordered to pay a fine of as much as $500.000.
- Second Degree Crime. Distribution or possession with intent involving at least one-half ounce of heroin, cocaine, methamphetamine or mdma, less than 100 milligrams of lsd, at least 5 pounds of marijuana but less than 25 pounds or 100 dosage units or more of prescription drugs like Xanax, Suboxone, Oxycodone or Hydrocodone is a second degree crime punishable by 5 to 10 years in a New Jersey prison and a fine that can reach $150,000.
- Third Degree Crime. Distributing less than one-half of cocaine, methamphetamine, heroin or mdma/molly/ecstasy, at least 5 doses but less than 100 of a prescription legend drug or at least one ounce but less than 5 pounds of marijuana is a third degree crime that carries a fine of up to $75,000 and up to 5 years in prison.
- Fourth Degree Crime. It is a crime of the fourth degree punishable by up to 18 months in prison to sell less than one ounce of marijuana or less than 5 doses of prescription drugs such as Adderall, Valium or Vicodin.
Location of the conduct is also a factor when it comes to penalties for distribution of drugs. For instance, distributing CDS in a school zone triggers enhanced ramifications under N.J.S.A. 2C:35-7. A similar scenario arises when someone sells or distributes drugs within 500 feet of a public park or housing project contrary to N.J.S.A. 2C:35-7.1. You should also know that conspiracy to engage in this conduct carries the same consequences.
North Bergen NJ CDS Distribution Defense Attorney
Prosecutors definitely tend to take a hardline and aggressively pursue maximum penalties in drug distribution cases. They want to stifle the source of CDS and incarcerating those who sell or distribute marijuana, cocaine, heroin and other substances is the best step in their view. This is why you need a talented lawyer fighting on your behalf. This is precisely what the attorneys at the Law Offices of Jonathan F. Marshall shall provide. Call us anytime of day or night at (201) 309-0500 for a comprehensive discussion of your North Bergen case with one of our lawyers.