Our Team of Accomplished Former Prosecutors Is Ready To Defend Your Charge for Selling, Distributing or Possession With Intent to Distribute CDS
An individual charged with distribution of illegal drugs in Morris County, New Jersey, faces stiff penalties that include prison time and expensive fines. Charges of distributing, manufacturing or dispensing illegal drugs are indictable offenses considered much worse than mere possession or use of drugs.
It is imperative that you obtain the assistance of a legal team experienced with New Jersey drug cases as soon as possible after a drug distribution arrest. The defense attorneys at the Law Offices of Jonathan F. Marshall in Morristown are former New Jersey prosecutors and public defenders with decades of experience on both sides of drug distribution cases throughout the state.
Our attorneys have a deep understanding of N.J. drug laws and what really happens to cases in court and behind the scenes. We know how to craft strategic criminal defense solutions to drug distribution charges that can keep defendants out of jail.
If you face charges of being a drug dealer in New Jersey and want to avoid lengthy prison time, fines and a damaging record, the attorney you choose to represent you may be the most important decision you make. Our team has experience fighting and prevailing in significant drug cases in courtrooms across New Jersey. You are innocent until proven guilty, and we know how to fight drug distribution charges with a proper defense.
If you’ve been arrested for dealing drugs in Roxbury, Morristown, Dover, Parsippany, Denville, Boonton or a nearby township, contact our Morris County drug distribution charges defense attorneys as soon as possible online or at 973-309-7050.
Penalties for Drug Distribution Charges in New Jersey
New Jersey law imposes stiff penalties for illegally manufacturing or distributing controlled dangerous substances and for possession of drugs with intent to distribute. The law does not distinguish a first offense from a second or third offense. You can get active jail time if convicted of a first offense of possession with intent to distribute.
Charges of drug distribution or possession with intent to distribute are often based on finding a large quantity of drugs, cash and/or paraphernalia that can be said to be intended for packaging and distributing drugs. Sometimes a defendant has been under surveillance or has been brought to the attention of police by other evidence. An unwarranted drug distribution charge or intent to distribute charge may be added to possession charges just to intimidate the defendant, but it will remain on the case jacket unless a defense attorney gets it removed.
New Jersey’s penalties for drug distribution crimes are based on the drug and the quantity of drugs under the defendant’s control at the time of arrest or indictment. The law has prescribed penalties for certain drugs, which also apply to the drug’s analogs (similar drugs). The weight of the drug includes anything used to cut or dilute the drug.
Drug distribution charges that involve the threat of deadly force or other violence carry harsher prison sentences and fines. Potential penalties also increase if the indictment cites drug dealing in a:
- School zone or school bus
- Public housing project
- Public park.
New Jersey drug distribution law, including intent to distribute, includes penalties for:
- 25 pounds or more, or 50 or more marijuana plants (regardless of weight), or 5 pounds or more of hashish is a first-degree indictable offense punishable by up to 20 years in prison and a $300,000 fine, upon conviction. One third to one half of the sentence must be served before parole becomes available.
- 5 pounds or more but less than 25 pounds, or 10 to 49 marijuana plants (regardless of weight), or 1 pound to less than 5 pounds of hash is a second-degree indictable offense punishable by 5 to 10 years in prison and a $150,000 fine, upon conviction.
- 1 ounce or more but less than 5 pounds, or 5 grams to less than 1 pound of hash is a third-degree indictable offense punishable by 3 to 5 years in prison and a fine of up to $25,000, upon conviction.
- Less than 1 ounce or less than 5 grams of hashish is a fourth-degree indictable offense punishable by 18 months in prison and a fine of up to $10,000.
LSD, Phencyclidine (PCP), Psilocybin (mushrooms)
- 100 milligrams or more is a first-degree indictable offense punishable by up to 20 years in prison and a $500,000 fine, upon conviction. One third to one half of the sentence must be served before parole becomes available.
- Less than 100 milligrams is a second-degree indictable offense punishable by 5 to 10 years in prison and a $150,000 fine, upon conviction.
Heroin, Cocaine, Methamphetamine (Meth)
- 5 or more ounces is a first-degree indictable offense punishable by up to 20 years in prison and a $500,000 fine ($300,000 for meth). One third to one half of the sentence must be served before parole becomes available.
- More than half of an ounce but less than 5 ounces is a second-degree indictable offense punishable by 5 to 10 years in prison and a $150,000 fine.
- Less than half of an ounce is a third-degree indictable offense punishable by 3 to 5 years in prison and a fine up to $15,000.
Distribution of Schedule I, II, III or IV drugs not specifically addressed by New Jersey law is a third-degree indictable offense punishable by 3 to 5 years in prison and a fine of up to $25,000, upon conviction. Distribution of Schedule V drugs is a fourth-degree indictable offense punishable by 18 months in prison and a fine of up to $25,000.
Any conviction of drug distribution in New Jersey will disrupt your life immediately and limit your future. Conviction of a higher-level drug distribution offense is most likely to lead to imprisonment. This is why you need to be represented by an experienced N.J. drug distribution defense attorney who understands the stakes and has the ability, resources and determination to fight for the best possible outcome for you.
How We Can Fight N.J. Drug Distribution Charges
There are many opportunities to challenge drug distribution charges to have the case against you dismissed or the charges reduced. Circumstances surrounding drug distribution charges are often complex. It is common for the police not to have all of the facts when they make an arrest.
The quicker you get a criminal attorney from the Law Offices of Johnathan F. Marshall involved in your case, the better opportunity we have to challenge the evidence against you or even how you were arrested.
Our legal team can begin to investigate drug distribution charges against you as soon as we are engaged as your defense attorneys. As former N.J. prosecutors, we recognize weak drug distribution cases and are ready to challenge every potential flaw in the case against you, including:
- Illegal arrest
- Illegal search and seizure
- Mistaken identity
- False witness testimony
- Faulty or fabricated evidence
- Faulty testing and identification of drugs or drug quantity
- Faulty chain of custody of drugs alleged to have been in your possession
- Inability to establish intent to sell or otherwise distribute the drugs in question
- Racial, ethnic, socio-economic, or other bias
- Other police and/or prosecutorial misconduct.
The evidence we uncover during our investigation of your case may allow us to persuade prosecutors to dismiss charges or reduce charges for a plea bargain. If necessary, we will be prepared to go to trial on your behalf and demonstrate to the court that a not-guilty verdict serves justice in your case.
New Jersey Diversion Programs Available with Drug Distribution Charges
New Jersey imposes harsh penalties for possession and/or distribution of drugs but also provides defendants an opportunity to seek rehabilitation and avoid incarceration. Most first-time offenders charged with nonviolent crimes can qualify for a diversionary program sponsored by the state.
These are strict probation programs with specific requirements on the individual’s time and lifestyle, including close supervision by court officials. They are meant for people who are serious about dealing with a drug abuse problem.
Drug Court requires frequent drug testing and court appearances, along with completing rehabilitation and participating in 12-step recovery programs. Counseling and other resources related to job training, education and health care are also available to Drug Court participants.
Pretrial Intervention (PTI) requires 1 to 3 years of court supervision on average. A judge may also require psychological and/or drug and alcohol evaluations, rehabilitation and random urine testing. Charges are dismissed once a defendant successfully completes all conditions of PTI.
We can assist and advise you about taking advantage of Drug Court or PTI and/or about addiction assessment, treatment and recovery programs outside of the New Jersey court system.
Active and retired members of the military, including the reserves, who have been charged with a nonviolent crime may be able to enter New Jersey’s veterans’ diversion program if they have been diagnosed with a mental illness, or if law enforcement, family members or friends say they have exhibited symptoms of mental illness. Participants avoid trial and, upon successful completion of the program, may have charges expunged.
Our dedicated Morristown defense lawyers will work to achieve the best outcome available in your drug distribution case. If you have an experienced and dedicated criminal defense attorney like our N.J. drug distribution attorneys working for you, then you have someone standing up strongly for your legal rights.
Contact Our Morris County, N.J., Drug Distribution Charges Attorneys
Our attorneys at the Law Offices of Jonathan F. Marshall have over 200 years of combined experience defending New Jersey residents against criminal charges, including drug distribution charges. If you or someone you love faces drug charges in Morris County, N.J., do not hesitate to contact us today for a free consultation with an experienced attorney who can help you.
Our drug distribution defense attorneys are here to put our knowledge, skills and experience to work for you. Remember, an arrest does not have to lead to a guilty verdict. You can be confident that you will have a robust defense when you have an experienced and dedicated criminal defense attorney from the Law Offices of Jonathan F. Marshall in your corner. Contact our Morris County, N.J criminal defense law firm today.