Criminal Defense Lawyers

NJ Drug Distribution Lawyers

NJ Drug Distribution Lawyers: Your Guide to Navigating Drug Charges in New Jersey

Being charged with drug distribution in New Jersey can feel overwhelming. The penalties are severe, and the legal system complex. But with an experienced criminal defense attorney on your side, you can better understand the charges against you and build the strongest possible defense.This guide will provide an overview of drug distribution laws in New Jersey, potential defenses, and how an attorney can help if you or a loved one is facing charges.

Drug Distribution Laws in New Jersey

New Jersey statutes define drug distribution broadly. It includes:

• Manufacturing
• Selling
• Dispensing
• Possessing with intent to distribute

Merely delivering drugs to another person, even a friend, can lead to distribution charges. Financial gain is not required.Penalties depend on two main factors:

1. Type of drug
2. Quantity of drug

Drug Types

Heroin, cocaine, methamphetamine, LSD, and marijuana have specific quantity thresholds that determine if a charge is a first, second, third or fourth degree crime. For other Schedule I-IV drugs, the grading is:

• More than 1 ounce – Second degree
• Less than 1 ounce – Third degree

Schedule V drugs are fourth degree crimes regardless of quantity.

Quantities

Here are some key quantity thresholds for common drugs:

• Heroin or Cocaine:
  • 5 ounces or more – First degree
  • 1/2 ounce to 5 ounces – Second degree
  • Less than 1/2 ounce – Third degree
• Marijuana:
  • 25 pounds or more – First degree
  • 5-25 pounds – Second degree
  • 1 ounce to 5 pounds – Third degree
  • Less than 1 ounce – Fourth degree
• LSD:
  • 100 mg or more – First degree
  • Less than 100 mg – Second degree

First degree charges carry up to 20 years in prison and a $500,000 fine. Penalties decrease for lower degree crimes.

Proving Intent to Distribute

One of the biggest challenges for prosecutors is proving “intent” to distribute drugs rather than simple possession. Factors considered include:

• Quantity of drugs
• Purity level
• Presence of packaging materials like baggies or scales
• Large amounts of cash
• Prior arrests or convictions for distribution

However, New Jersey courts have limited how police officers can testify about intent. They cannot give an opinion on whether a defendant actually intended to distribute. They can only provide factual testimony about practices of drug dealers.

Possible Defenses

A skilled drug crimes attorney will thoroughly analyze the evidence and identify potential defenses. Some options include:

• No intent to distribute – The circumstances show the drugs were for personal use only.
• Improper police conduct – There were flaws in how evidence was obtained, including Fourth Amendment violations.
• Misidentification – You were wrongfully identified as the perpetrator.
• Entrapment – You were improperly induced or coerced into committing the crime by police.

Diversion Programs in New Jersey

For nonviolent first-time offenders, diversion programs provide an alternative to incarceration. Options include:

• Pretrial Intervention (PTI) – Charges dismissed after completing probation, community service, fines, etc.
• Drug Court – Treatment focused program lasting 5+ years. Charges dismissed upon completion.

Eligibility depends on the specifics of each case. An attorney can advise if a diversion program is appropriate.

How a Lawyer Can Defend You

The consequences of a drug distribution conviction are severe. Up to 20 years in prison. Large fines. A permanent criminal record.An experienced criminal defense lawyer levels the playing field and protects your rights by:

• Conducting a thorough independent investigation of what occurred
• Identifying improper police conduct or other constitutional violations
• Negotiating with prosecutors for dismissal or reduction of charges
• Advocating for your admission into a diversion program
• Aggressively defending you at trial if necessary

The earlier a lawyer gets involved, the more tools are available. Do not delay in seeking experienced legal counsel.

Choosing the Right Drug Crimes Attorney

Not all attorneys have in-depth experience with New Jersey’s complex drug laws. Look for a lawyer with specific expertise defending drug charges, such as:

• Former prosecutors – Insight into the prosecution’s approach
• Certified criminal trial attorneys – Extensive training and experience in criminal defense
• Successful track record – A history of positive case results

Take Control of Your Future

Being arrested for drug distribution can make you feel helpless. But skilled legal advocacy can help you avoid harsh punishment.Do not leave your fate in someone else’s hands. Take action by contacting an experienced New Jersey drug crimes attorney today.