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Monmouth County Criminal Defense Lawyers

If you have been arrested, charged with a criminal offense, or are under investigation, it is crucial that you speak to an experienced Monmouth County Criminal Defense Lawyer about your options.

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We have successfully defended our clients against thousands of Criminal, DWI, and Municipal Court charges throughout Monmouth County and New Jersey

Drug Distribution

Drug Distribution Attorneys in Monmouth County NJ

Regardless of the controlled dangerous substance, if you or a loved one has been arrested and charged with distributing drugs in Monmouth County you are facing life changing consequences. Not only will a Defendant be facing a potentially lengthy prison term but they could also be facing mandatory parole ineligibility terms as well pursuant to Brimage. As you will see below, the potential exposure someone faces if convicted of possessing a controlled dangerous substance with the intent to distribute, distributing a controlled dangerous substance or manufacturing a controlled dangerous substance can range anywhere from probation all the way up to life in prison. If you have been charged with distributing cocaine, heroin, marijuana, MDMA, Roxy, Oxycontin, Xanax, crystal meth or any other drug for that matter in Monmouth County the attorneys at Proetta & Oliver can help. We serve all of Monmouth County, including towns like Tinton Falls, Freehold, Marlboro, Middletown, Red Bank, Long Branch, Neptune, West Long Branch, Ocean Township and Keyport. Our Monmouth County criminal lawyers are available immediately at 732-858-6959 for a free consultation.

Drug distributing cases almost always revolve around some form of a search or seizure. This is where an experienced criminal defense attorney can attack the case and file a suppression motion of applicable. If your rights have been violated our attorneys will be able to not only discover the issues but exploit them as well. If you are successful during a suppression motion, the underlying charges may be outright dismissed. If you would like to come into our office to have a one on one discussion with Mr. Oliver or any of the other attorneys on staff about your options then please contact us directly at (732)858-6959. We are well aware of the stress that comes along with being charged with a serious offenses like this. As such, we are available around the clock to help assist in any way possible and as always our initial consultations are free. Now here is some key information on drug distribution charges including what the potential penalties could be if convicted in Monmouth County.

Drug Distribution Lawyer in Asbury Park NJ

Possession of CDS with the Intent to Distribute Charges: N.J.S.A. 2C:35-5

N.J.S.A. 2C:35-5 is the governing statute in New Jersey for distributing a controlled dangerous substances. It covers three different types of charges, they are as follows: possession of a controlled dangerous substance with the intent to distribute, manufacturing a controlled dangerous substances and distributing a controlled dangerous substances.

To be convicted of a possession of a controlled dangerous substance with the intent to distribute in New Jersey the State must prove beyond a reasonable doubt four material elements and they are as follows:

  • The item possessed by the Defendant was actually in fact a controlled dangerous substance;
  • That the Defendant possessed, or had under their control, a controlled dangerous substance;
  • That the Defendant had the intent to distribute the controlled dangerous substance; &
  • That the Defendant acted knowingly or purposefully in possessing or having under their control with intent to distribute the controlled dangerous substance.

To be convicted of distributing a controlled dangerous substance in New Jersey the State must prove beyond a reasonable doubt three material elements and they are as follows:

  • The item possessed by the Defendant was actually in fact a controlled dangerous substance;
  • That the Defendant distributed a controlled dangerous substance; &.
  • That the defendant acted knowingly or purposefully in distributing the controlled dangerous substance.

To be convicted of manufacturing a controlled dangerous substance in New Jersey the State must prove beyond a reasonable doubt two material elements and they are as follows:

  • The item possessed by the Defendant was actually in fact a controlled dangerous substance;
  • That the Defendant manufactured the controlled dangerous substance; &
  • That the Defendant acted knowingly or purposefully in manufacturing the controlled dangerous substance.

What are the Penalties if Convicted of Distributing Drugs in NJ?

The degree in which a Defendant will be charged with for distributing drugs in New Jersey will be dictated by not only the type of drug distributed but the quantity as well. Here is a breakdown.

Cocaine, Heroin, Molly, Crystal Meth: 

  • 1st Degree Felony: More than 5 ounces
    • 10 to 20 years in a State Prison
    • $200,000 Fine.
  • 2nd Degree Felony: More than a ½ Ounce but less than 5 ounces
    • 5 to 10 years in a State Prison
    • $150,000 Fine.
  • 3rd Degree Felony: Less than a ½ Ounce
    • 3 to 5 years in a State Prison
    • $35,000 Fine.

Marijuana:

  • 1st Degree Felony: More than 25 Pounds
    • 10 to 20 years in a State Prison
    • $200,000 Fine.
  • 2nd Degree Felony: More than 5 Pounds but less than 25 Pounds
    • 5 to 10 years in a State Prison
    • $150,000 Fine.
  • 3rd Degree Felony: More than an Ounce but less than 5 Pounds
    • 3 to 5 years in a State Prison
    • $35,000 Fine.
  • 4th Degree Felony: Less than an Ounce
    • 18 Months  in a State Prison
    • $25,000 Fine.

For more information on specific offenses, please click below:

Please keep in mind that if a Defendant is caught committing any of the aforementioned offenses within 1000 feet of a school or within 500 feet of a public park additional offenses will be charged. Those offense will automatically bring Brimage into the picture. Brimage requires anyone convicted of one of their enumerated offenses be sentenced to not only mandatory state prison but a parole ineligibility period as well. For more information on Brimage please contact us directly at (732)858-6959.

Middletown Drug Distribution Defense Lawyers

As you can tell from above the applicable penalties if convicted of distributing drugs in New Jersey can be devastating. Therefore, it is imperative that you speak to an experienced Monmouth County drug distribution defense attorney immediately. If you would like to have a free consultation with Mr. Oliver or one of the other attorneys on staff, then please contact us directly at (732)858-6959. Our Monmouth County criminal defense lawyers have dedicated their entire careers to defending those accused of crimes in courts throughout New Jersey, including courts throughout Monmouth County. Throughout our careers, we have represented countless clients charged with various drug offenses including the distribution of heroin, the distribution of drugs in a school zone, being a leader of a narcotics trafficking network and the manufacturing of marijuana charges. If you have any questions please do not hesitate to contact us. Our attorneys serve all of Monmouth County, including towns like Matawan, Aberdeen, Neptune, Manalapan, Belmar, Manasquan, Freehold, Asbury Park, Holmdel and Howell. As always, our initial consultations are free of costs, so if you have any questions, please do not hesitate to ask.

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