NJ Possession With Intent To Distribute CDS

NJ Possession With Intent To Distribute CDS Charges

Being charged with possession with intent to distribute controlled dangerous substances (CDS) in New Jersey comes with severe criminal penalties. Unlike simple drug possession, this charge means prosecutors believe you planned to sell or distribute illegal drugs.

The specific penalties you face depend on the type and amount of drug involved. But any charge under NJ statute 2C:35-5 for possession with intent to distribute should be taken very seriously. Here’s an overview of how these charges work in NJ and potential defenses.

Possession vs. Possession with Intent Charges in NJ

New Jersey law distinguishes between drug possession for personal use and possession specifically with intent to distribute. The main statutes are:

• NJSA 2C:35-10 – Simple drug possession charges, even in large amounts.
• NJSA 2C:35-5 – Manufacturing, distributing or dispensing CDS charges. Also covers possession with intent to distribute.

Prosecutors may initially charge you under 2C:35-5, then offer plea bargains down to simple possession charges under 2C:35-10. But possible penalties are still severe.

Penalties for Possession with Intent Charges in NJ

Like most drug crimes, the penalties for possession with intent depend on the type and amount of drug involved. In general though, possible sentences include:

• 3rd degree crime – 3 to 5 years in prison
• 2nd degree crime – 5 to 10 years in prison
• 1st degree crime – 10 to 20 years in prison

Fines up to $150,000 (2nd degree) to $300,000 (1st degree) may also apply. The degree of charges often depends on the amount of drugs involved.

Possible Defenses to These Charges

Despite the steep penalties, several legal defenses could get your charges reduced or dismissed. Some examples include:

• Illegal search – If the drugs were found through an unconstitutional search.
• No intent to distribute – The drugs were for personal use only.
• No possession – You did not actually possess the drugs in question.
• Entrapment – You were improperly induced by police to commit the crime.

An experienced criminal defense lawyer can evaluate the details of your case and decide the best defense strategy.

Finding an Attorney for Possession with Intent Charges

Never attempt to face these serious charges without legal representation. An experienced drug crimes lawyer can protect your rights in key ways:

• Fully investigate the circumstances of your arrest and search.
• Negotiate with prosecutors for reduced charges or diversion programs.
• Develop defense strategies to contest the charges.
• Represent you in court and argue for the best possible outcome.

Don’t leave your fate to chance. The right lawyer can make all the difference in getting charges reduced or dismissed. If you are facing possession with intent charges in New Jersey, contact an experienced attorney immediately.

Sources:

• https://www.newjerseycriminallawattorney.com/drug-crimes/possession-with-intent-to-distribute-cds/
• https://gambonelaw.com/drugs-and-possession-with-the-intent-to-distribute-in-jersey/
• https://www.fabrielelaw.com/new-jersey-drug-possession-with-intent-to-distribute-lawyer.html
• https://www.findlaw.com/criminal/criminal-charges/possession-with-the-intent-to-distribute.html
• https://www.lslawyers.com/possession-intent.html
• https://files.eric.ed.gov/fulltext/ED356929.pdf