Cocaine Distribution Lawyer in Freehold NJ
Cocaine, which was once thought of as an 1970’s-1980’s fad has seen a recent come back over the years in Monmouth County. Not only has the number of people arrested for cocaine possession been on the rise but the number of people arrested for either possessing cocaine with the intent to distribute or distributing cocaine is on the rise as well. As we will discuss below the penalties for someone convicted of distributing cocaine in Monmouth County are life changing. The potential penalties not only include a lengthy prison sentence that could be as long as life in prison but fines could reach as high as $200,000 as well. If you have been arrested and charged with manufacturing marijuana, distributing cocaine, possessing cocaine, possessing heroin with the intent to distribute or any other drug offense for that matter in Monmouth County, it is imperative that you speak to a experienced criminal defense attorney immediately about your options.
Need to Consult with an Attorney About a Cocaine Distribution Case in Monmouth County
The attorneys at Keith Oliver Criminal Law have been representing clients charged distributing drugs in Monmouth County, in towns like Asbury Park, Long Branch, Middletown, Keyport, Freehold, Holmdel, Howell, Union Beach, Neptune and Red Bank for years now. Our firm is solely dedicated to defending those accused of crimes in courts throughout New Jersey, including Monmouth County. Over the years, our attorneys have represented clients charged with being a leader of a narcotics trafficking network, possessing cocaine with the intent to distribute, distributing heroin and manufacturing marijuana. If you would like to come into our office to have a face to face meeting with Mr. Oliver or one of the other attorneys on staff then please contact us directly at (732)858-6959. Please remember that our initial consultations are always free. We can be reached at the aforementioned number 24/7. Now here is some pivotal information on the offense of distributing cocaine.
What to Know About Cocaine Distribution Cases in NJ
One of the most common, misunderstood aspects of a cocaine distribution case, is the fact that the prosecution does not have to establish that any money was transferred in order to convict an individual. The word “distribution” simply refers to underlying act of sharing. In other words, the prosecution does not have to establish that there was an economic benefit to the distributor to be able to convict them with distributing cocaine.
Another common misconception is what the State needs to be prove in order to secure a conviction for possession of cocaine with the intent to distribute. The prosecution does not need a confession, confidential informant or an undercover purchase, to attempt to secure a conviction. The prosecution can seek to secure the conviction based on the circumstantial evidence surrounding the incident. For example, things like scales, baggies, glassines as well as the quantity and the way in which it was package can be used to obtain a conviction.
New Jersey Cocaine Distribution Charge: N.J.S.A. 2C:35-5
N.J.S.A. 2C:35-5 will govern all potential cocaine distribution offenses including possession of cocaine with the intent to distribute, manufacturing cocaine and dispensing cocaine. Although each of the aforementioned offenses is separate and requires different conduct by the Defendant, the potential exposure that the Defendant faces if convicted will all be controlled by the same factor, the amount of cocaine seized. See below for a complete breakdown. Now her is what the State must prove beyond a reasonable doubt before a Defendant could be convicted of each offense.
What are the elements for a Manufacturing Cocaine Case in New Jersey:
“It shall be unlawful for any person knowingly or purposely to manufacture cocaine” To be convicted of this offense the State must prove beyond a reasonable doubt three material elements:
- The “item” seized was in fact cocaine;
- The Defendant manufactured the cocaine on the day in question; &
- The Defendant acted knowingly or purposefully in manufacturing the cocaine.
Elements of a Cocaine Distribution Charge in NJ:
“It shall be unlawful for any person knowingly or purposely to distribute cocaine” To be convicted of this offense the State must prove beyond a reasonable doubt three material elements:
- The “item” seized was in fact cocaine;
- The Defendant distributed the cocaine on the day in question; &
- The Defendant acted knowingly or purposefully in distributing the cocaine.
What Must the State Prove to Obtain a Conviction for a Possession of Cocaine with the Intent to Distribute Charge:
“It shall be unlawful for any person knowingly or purposely to possess or have under his control with intent to distribute cocaine” To be convicted of this offense the State must prove beyond a reasonable doubt three material elements:
- The “item” seized was in fact cocaine;
- The Defendant possessed or had under their control cocaine;
- The Defendant had the intent to distribute the cocaine when they had in under their control;
- The Defendant acted knowingly or purposefully in possessing or having under their control with the intent to distribute the cocaine.
What are the Penalties for Possession of Cocaine with the Intent to Distribute in NJ?
As touched upon above, the quantity of the cocaine possessed at the time of the arrest will dictate in what degree a Defendant is charged with. Here is a complete breakdown, including the applicable penalties if convicted:
1st Degree Felony Cocaine Distribution Penalties NJ:
- Quantity of Cocaine: More than 5 Ounces
- If convicted, a Defendant a faces:
- 10 to 20 Years in State Prison
- Up to a $200,000 Fine
- Felony Criminal Record
- Two Year Loss of Driving Privileges
2nd Degree Felony Cocaine Distribution Sentences in NJ:
- Quantity of Cocaine: More than 1/2 Ounce but Less than 5 Ounces
- If convicted, a Defendant a faces:
- 5 to 10 Years in State Prison
- Up to a $150,000 Fine
- Felony Criminal Record
- Two Year Loss of Driving Privileges
3rd Degree Felony Cocaine Defense Jail Time:
- Quantity of Cocaine: Less than 1/2 Ounce
- If convicted, a Defendant a faces:
- 3 to 5 Years in State Prison
- Up to a $35,000 Fine
- Felony Criminal Record
- Two Year Loss of Driving Privileges
What Happens if I get Arrested for Cocaine Distribution in a School Zone?
Please keep in mind that the aforementioned charges and potential penalties DO NOT include other potential offenses such as distributing in a school zone or a public park. These are separate offenses and are typically charged in addition to simple distribution charges. In addition, those offenses will automatically fall under what is known as Brimage. Brimage in essence requires a Defendant convicted of certain drug distribution offense to serve not only mandatory prison time but also subject them to mandatory parole ineligibility periods as well.
Can the Police Seize My Car for a Cocaine Distribution?
Anyone involved in the manufacturing, distributing or possessing with the intent to distribute cocaine, or any other CDS for that matter could have their personal items seized and potentially forfeited. Some of the most common items that we see being seized when it comes to drug distribution allegations include but are not limited to: cars, cash, bank accounts, houses, jewelry, cell phones and other electronic devices. In order to seize and then ultimately seek to forfeit these items, the prosecutor will need to file a formal motion with the Court. They will most likely be alleging that these items were used to commit the crime (i.e. driving the car to the drug deal) or they were proceeds from the illegal activity (i.e. purchasing the house). It is important to remember that if this is to occur, this will be in addition to any criminal charges and would need to be litigated in a separate court proceeding.
Looking to Speak to a Cocaine Distribution Defense Lawyer in Neptune NJ
As you can tell from above, the penalties for distributing cocaine can be life changing. If you have been charged with a drug offense in Monmouth County, the Keith Oliver Criminal Law can help. Our attorneys represent clients charged with the distribution of marijuana, the possession of heroin with the intent to distribute, the possession of Molly and the possession of cocaine in towns like Asbury Park, Tinton Falls, Manalapan, Marlboro, Neptune City, West Long Branch, Long Branch, Belmar, Middletown, Keansburg, Colts Neck and elsewhere in Monmouth Count. If you would like to set up a free initial consultation today please contact us at (732)858-6959. Our office is located directly across the street from the Middletown Municipal Court at 18 Kings Highway. We can be reached 24/7, please do not hesitate if you have any questions.