NJ Conspiracy to Distribute a Controlled Dangerous Substance (“CDS”)

NJ Conspiracy to Distribute a Controlled Dangerous Substance (CDS)

In New Jersey, conspiring with others to illegally distribute drugs leads to serious criminal charges. Conspiracy laws punish the planning of crimes, even if no drugs actually end up being sold. Let’s break down how conspiracy charges work, potential defenses, and penalties for this complex offense.

What is Conspiracy to Distribute CDS in New Jersey?

Under N.J.S.A. 2C:5-2, a criminal conspiracy involves two or more people who agree to engage in illegal conduct – in this case, the distribution of a controlled dangerous substance (CDS). The key elements of the crime are:

• An agreement between 2+ people to distribute CDS
• Intent to further that unlawful purpose
• An overt act in furtherance of the conspiracy

The agreement does not need to be formal or spoken. A “wink and nod” understanding is enough. The “overt act” also does not need to be criminal itself. Any step toward the conspiracy’s goal qualifies.

Penalties for CDS Conspiracy in New Jersey

Conspiracy penalties depend on the substance and amount involved, but are typically severe. Common penalties include:

• 3-5 years in prison for 3rd degree conspiracy
• 5-10 years in prison for 2nd degree conspiracy
• 10-20 years in prison for 1st degree conspiracy
• Fines up to $150,000 – $300,000+

Penalties match those for actually distributing drugs under N.J.S.A. 2C:35-5. So conspiring to distribute 5+ ounces of cocaine is a first-degree crime, just like the distribution itself.

Common Defenses Against CDS Conspiracy

Since the crime centers around an agreement, the best defenses attack the prosecution’s proof of a conspiracy. Common strategies include:

• No agreement – Argue the discussions did not amount to an actual agreement to distribute drugs.
• No intent – Claim you never intended the scheme to move forward.
• Entrapment – Allege police induced you to commit a crime you otherwise wouldn’t.
• Unreliable witness – Undermine the credibility of witnesses testifying against you.

An experienced criminal defense attorney can analyze the prosecution’s evidence and identify the best argument to defeat the conspiracy charges.

Leader of a CDS Trafficking Network

Under N.J.S.A. 2C:35-3, leaders or organizers of drug distribution networks face first-degree charges with penalties of:

• 20 years to life in prison
• Fines up to $750,000+
• Parole ineligibility for 25 years

To beat these charges, the defense may argue:

• You were not an organizer, leader, or financier
• The operation did not involve 5+ people or substantial income
• You played a minor role in the conspiracy

Juvenile Conspiracy Charges

Juveniles age 17 and under do not face mandatory prison but can still be prosecuted for conspiracy crimes. Possible juvenile dispositions include:

• Probation and community service
• Fines and restitution
• Out-of-home placement
• Substance abuse counseling

An experienced juvenile defense lawyer can advocate for the least restrictive outcome appropriate for the child’s situation.

Federal Conspiracy Charges

Large-scale conspiracies may also lead to federal charges for violating 21 U.S.C. § 846. This carries harsh penalties such as:

• 10 years to life in federal prison
• Fines up to $10 million+
• 5 years to life supervised release

The best defense against federal conspiracy allegations is having an experienced federal crimes attorney argue against the charges.

Get Legal Help Fighting Complex Conspiracy Charges

Proving an agreement and intent often involves circumstantial evidence that is open to challenge by an aggressive defense lawyer. Do not leave your fate to chance – get expert legal help fighting conspiracy to distribute CDS charges in New Jersey.