Drug Distribution Attorney in New Jersey

Accused of Drug Distribution in New Jersey? Get Legal Help Now

Welcome to Roberts & Teeter, LLC, a dedicated boutique law firm specializing in criminal defense in New Jersey. If you face drug distribution charges, you need a committed team on your side. Our seasoned attorneys, Michael Brett Roberts and Matthew Teeter, focus exclusively on criminal law, providing detailed and personalized defense strategies tailored to your unique situation.

Understanding the intricacies of drug distribution laws in New Jersey is crucial. These laws vary significantly based on the type and quantity of the substance involved, alongside the context of the alleged crime. The New Jersey legal system imposes strict penalties, particularly for offenses occurring near schools or public buildings, which can profoundly affect a person's future. 

At Roberts & Teeter, our approach is to scrutinize every detail of your case, identifying pivotal points that can influence the outcome in your favor. We believe in empowering our clients by providing clarity and expert guidance during this challenging time.

With free consultations, 24/7 availability, and affordable legal fees, our drug distribution lawyer in New Jersey is ready to stand by your side. Call (732) 607-5553 now or message us online to get started.

Understanding Drug Distribution Laws in New Jersey

New Jersey Statute § 2C:35-5 makes it unlawful for any person to "knowingly or purposely: (1) manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or (2) create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance."

The term "distribute" means to deliver a controlled dangerous substance, whether by actual, constructive, or attempted transfer. This means you don't necessarily need to be caught in the act of selling drugs to be charged with distribution; merely intending to transfer them is sufficient.

The severity of a drug distribution charge and its penalties depend heavily on:

• The Type of Controlled Dangerous Substance (CDS)
• The Quantity (Aggregate Weight) of the Substance
• Prior Criminal History
• Aggravating Factors

A drug distribution lawyer in New Jersey must possess an in-depth understanding of these complex classifications, their interaction, and how they impact potential sentencing.

Penalties for Drug Distribution Convictions in New Jersey

New Jersey's drug distribution penalties are among the harshest in the country, featuring various degrees of indictable offenses (felonies) and often including mandatory minimum prison sentences that leave judges with little flexibility. These sentences often include "without benefit of parole eligibility" clauses, meaning you must serve active time.

1. First-Degree Indictable Offenses:

• Trigger: Typically involves large quantities of specific high-level drugs:
  • Heroin or Cocaine: 5 ounces or more.
  • Methamphetamine: 5 ounces or more.
  • LSD: 100 milligrams or more.
  • Marijuana: 25 pounds or more, or 50 or more marijuana plants.
  • Hashish: 5 pounds or more.
• Penalties: 10 to 20 years in state prison.
  • Fines: Up to $200,000 (can be up to $500,000 for heroin, cocaine, LSD; up to $300,000 for meth, marijuana, hashish).
  • Mandatory Minimum Prison: For certain drugs (heroin, cocaine, LSD), the court may impose a mandatory minimum prison sentence, which typically is one-third to one-half of the sentence imposed, served without parole eligibility.

2. Second-Degree Indictable Offenses:

• Trigger: Typically involves intermediate quantities of high-level drugs:
  • Heroin or Cocaine: More than half an ounce but less than 5 ounces.
  • LSD: Less than 100 milligrams (or where the amount is undetermined).
  • Methamphetamine: Half ounce to less than 5 ounces.
  • Marijuana: 5 pounds or more but less than 25 pounds, or 10 to 49 marijuana plants.
  • Hashish: 1 pound to less than 5 pounds.
  • Schedule I or II Narcotic (excluding heroin/cocaine): 1 ounce or more.
  • Employing a Juvenile in Drug Distribution (2C:35-6): Regardless of drug type or quantity, using a juvenile to assist in drug distribution is a Second-Degree crime with enhanced penalties.
• Penalties: 5 to 10 years in state prison.
  • Fines: Up to $150,000 (can be up to $300,000 for certain cases, or $500,000 for employing a juvenile).
  • Mandatory Minimum Prison: Possible, one-third to one-half of the sentence served without parole eligibility.

3. Third-Degree Indictable Offenses:

• Trigger: Typically involves smaller quantities of high-level drugs or other Schedule I-IV drugs.
  • Heroin or Cocaine: Less than half an ounce.
  • Methamphetamine: Less than half an ounce.
  • Marijuana: 1 ounce or more but less than 5 pounds.
  • Hashish: 5 grams to less than 1 pound.
  • Distribution of other Schedule I, II, III, or IV drugs not specifically listed: Any amount.
  • Distributing Drugs within 1,000 feet of a School (2C:35-7): This enhances the underlying distribution charge to a Third-Degree crime with a mandatory minimum prison sentence without parole eligibility (e.g., 3 years). Maximum fine up to $150,000.
• Penalties: 3 to 5 years in state prison.
  • Fines: Up to $15,000 (can be up to $25,000 for Schedule I-IV, or $150,000 for school zone).
  • Mandatory Minimum Prison: Possible, one-third to one-half of the sentence served without parole eligibility, especially for school zone violations.

4. Fourth-Degree Indictable Offenses:

• Trigger: Typically involves very small quantities of drugs.
  • Marijuana: Less than 1 ounce.
  • Hashish: Less than 5 grams.
  • Distribution of Schedule V drugs: Any amount.
• Penalties: Up to 18 months in state prison.
  • Fines: Up to $10,000 (can be up to $25,000 for Schedule V).

Common Defense Strategies To Fight Drug Distribution Charges in New Jersey

Successfully defending against drug distribution charges in New Jersey requires a meticulous examination of the prosecution's evidence and identification of constitutional violations.

• Unlawful Search and Seizure: Challenge evidence obtained without a valid warrant, probable cause, or voluntary consent, aiming for suppression and potential dismissal.
• Lack of Knowledge or Intent to Distribute/Manufacture: Argue you were merely present, unaware of the drugs, or that your intent was for personal use, not distribution or manufacturing.
• Chain of Custody and Lab Errors: Scrutinize the handling of drugs from seizure to testing for breaks in chain of custody, contamination, or methodological/calibration errors in lab analysis.
• Entrapment: Argue law enforcement induced you to commit a crime you would not have otherwise engaged in, highlighting coercion in sting operations.
• Mistaken Identity: Present evidence that you were not the person involved in the alleged drug activity, especially in undercover cases.
• Insufficient Evidence: Highlight weaknesses, inconsistencies, or lack of credible evidence (e.g., vague audio/video, unreliable informants) to create reasonable doubt and argue for dismissal or acquittal.
• Miranda Rights Violations: Seek to deem inadmissible any statements made after arrest but before proper Miranda warnings were given.
• Valid Prescription: Present proof of a valid, current, and compliant prescription for the controlled substance as a complete defense.