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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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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.

Looking to Consult with a Lawyer about a Drug Distribution Case in Freehold

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.

How Serious is a Drug Distribution Case in NJ? 

It should come as no surprise that New Jersey takes drug distribution cases very seriously. It goes without saying that our Country as a whole has a serious drug problem and New Jersey is certainly not immune to it. To the State, if they can eliminate or at least deter the drug dealers, there is a good chance that it would have a trickle down effect on the addicts. In recent years Prosecutor’s throughout the State have doubled down on their efforts to combat drug dealing and have now started charging individual’s with strict liability drug induced death. Even though this offense has been in our criminal code for decades now it wasn’t until just recently that it began being used to combat the “war on drugs”. This offense is used to prosecute a dealer for a users death provided they can trace the drugs back to them. This shift in prosecution should tell you all you need to know about how serious they take drug distribution cases in Monmouth County.

What are the Elements of a Possession of CDS with the Intent to Distribute Charge in NJ?

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.

What Must the State Prove for a Drug Distribution Charge in NJ?

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.

Can I be Charged with Manufacturing Drugs in NJ?

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.

What is the Sentence for a Cocaine, Heroin, Molly, Crystal Meth Distribution Case? 

  • 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.

What is a Potential Sentence for a Marijuana Distribution Case?

  • 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.

* It is important to note that in 2021 New Jersey has drastically changed their laws surrounding Marijuana Cases. Please contact us directly for more information. 

For more information on specific offenses, please click below:

What Happens if the Drug Distribution Happens in a School Zone?

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.

Looking to Speak to a Drug Distribution Defense Lawyer in Wall NJ

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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