Possession of Marijuana With the Intent to Distribute
Monmouth County NJ Marijuana Distribution Lawyer
When it comes to drug distribution type offenses in Monmouth County, the most common charge issued has to be either possession of marijuana with the intent to distribute or marijuana distribution. As you will see below, the applicable penalties if convicted of distributing marijuana vary drastically depending the location of the offense and the quantity of the marijuana seized. The penalties can range from anywhere between a probationary sentence, if not pretrial intervention up to twenty (20) years in a New Jersey State Prison. If you have been arrested for distributing marijuana in Monmouth County, in towns like Long Branch, Middletown, Marlboro, Hazlet, Tinton Falls, Freehold, Atlantic Highlands, Aberdeen, Matawan or Howell, the criminal defense attorneys at Proetta & Oliver can help. Mr. Oliver, whose entire career has been dedicated to defending those accused of crimes, has extensive experience representing clients charged with not only the possession of marijuana with the intent to distribute but the possession of heroin, the distribution of cocaine, the possession of Molly, the possession of marijuana and the possession of prescription drugs like Oxycontin as well. For more information on other drug charges Proetta & Oliver handle, please click the link.
If you have been charged with a drug offense in Monmouth County it is imperative that you hire an experienced drug distribution defense attorney. Almost all drug charges, especially drug distribution charges stem from some form a search. This is where an experienced Monmouth County criminal defense lawyer can make a difference. They can spot the issues, file a motion to suppress if applicable and if successful, the charge may ultimately be dismissed. If you would like come into our office and discuss your options with Mr. Oliver or one of the other attorneys on staff, then please contact us directly at (732)858-6959. We can sit down and discuss the specific facts of your case. We will give you our honest feedback on how we think we can be of assistance. Both partners strive to make sure that they are very hands on when it comes to defending these types of cases. We pride ourselves on being able to give our clients cases the attention that they deserve and need. We make sure that our clients are fully informed every step of the way so that they can make informed decisions on their case. Now here is some key information on Marijuana Distribution charges, including the applicable penalties if convicted.
Manufacturing, Distributing or Dispensing Marijuana: 2C:35-5
Possession of Marijuana with the Intent to Distribute Lawyers in Freehold NJ
In order for the State to prove that a Defendant possessed marijuana with intent to distribute they must show beyond a reasonable doubt that:
- The Defendant possessed, or had under his/her control a quantity of marijuana;
2. The Defendant possessed the marijuana with the intent to distribute it and
- The Defendant acted knowingly or purposefully.
“Distribute” means the transfer, actual, constructive or attempted, from one person to another of a controlled dangerous substance, in this case marijuana. The intent must refer to the Defendant’s purpose to distribute the marijuana and not merely to possess it. It is important to note here that it is not necessary that the marijuana be actually be transferred in exchange for payment or promise of payment of money or anything of value.
Middletown NJ Marijuana Distribution Attorneys
To convict a Defendant of distributing marijuana the State will have the burden of proving beyond a reasonable doubt in essence two elements:
- That the Defendant distributed the marijuana on the day in question and
- That the Defendant acted knowingly or purposefully when distributing the marijuana.
Just as the case with possession of marijuana with the intent to distribute, “distribute” means the transfer, actual, constructive or attempted, from one person to another of a controlled dangerous substance, in this case marijuana. In addition, contrary to what most would believe, the State does not need to prove that the marijuana was transferred in exchange for payment or promise of payment of money or anything of value.
Will I go to Jail for Distributing Marijuana in NJ?
Penalties if Convicted of Distributing Marijuana in Howell NJ
The applicable penalties for distributing marijuana or possessing it with the intent to distribute it will depend on the quantity possessed. Here is a breakdown of the degrees and applicable penalties if convicted.
First Degree Felony Marijuana Distribution Lawyer in Monmouth County NJ
- Quantity of Marijuana in question was more than 25 lbs or more than 50 plants.
- Potential Incarceration: 10 – 20 Years in State Prison
- Potential Fine: $300,000
- Felony Criminal Record
Second Degree Felony Marijuana Distribution Attorneys in Freehold NJ
- Quantity of Marijuana in question was more than 5 lbs but less than 25 lbs or more than 10 marijuana plants but less than 50 marijuana plants.
- Potential Incarceration: 5 – 10 Years in State Prison
- Potential Fine: $150,000
- Felony Criminal Record
Third Degree Felony Distribution of Marijuana Lawyer in Asbury Park NJ
- Quantity of Marijuana in question was more than 1 ounce but less than 5 lbs.
- Potential Incarceration: 3 – 5 Years in State Prison
- Potential Fine: $35,000
- Felony Criminal Record
Fourth Degree Felony Marijuana Possession with Intent to Distribute Lawyers
- Quantity of Marijuana in question was less than 1 ounce
- Potential Incarceration: Up to 18 Months in State Prison
- Potential Fine: $15,000
- Felony Criminal Record
What if I was in a Park Zone? School Zone?
With that being said, if a Defendant is caught possessing marijuana with the intent to distribute within 500 feet of a Public Park or within 1000 feet of a School the penalties regardless of the quantity will change. For more information on these additional charges, including the applicable penalties if convicted, please click there links.
Can I Avoid Jail Time?
Depending on the Defendant’s prior criminal history, an experienced Monmouth County marijuana distribution lawyer may be able to get them into one of New Jersey’s diversionary programs. Those programs include Conditional Discharge, Pretrial Intervention and Drug Court. Each one of these programs operate a little different. For example, anyone accepted in the Pretrial Intervention Program or the Conditional Discharge Program will have the ability to not only walk away from the charges without ever serving a day in jail but without a criminal record as well. Conversely, Drug Court in New Jersey will give the Defendant the opportunity to stay out of jail, however, they will walk away with a felony criminal record. For more information on these programs, including your eligibility, please contact us at (732)858-6959.
Wall NJ Marijuana Distribution Lawyer
If you have been arrested and charged with the possession of heroin with the intent to distribute, the possession of cocaine, the unlawful possession of a weapon, DWI, aggravated assault, robbery or burglary in Monmouth County, the attorneys at Proetta & Oliver can help. Our attorneys routinely appear in courts throughout Monmouth County, including courts like the Middletown Municipal Court, the Holmdel Municipal Court, the Wall Municipal Court, the Asbury Park Municipal Court, the Hazlet Municipal Court, the Neptune Municipal Court and the Red Bank Municipal Court. To schedule a free initial consultation today with one of our attorneys, please contact us at (732)858-6959. Our office is located directly across the street from the Middletown Municipal Court at 18 Kings Highway.