Paterson NJ Cocaine Possession Defense Firm
Have you been arrested for possessing cocaine, distribution of coke or conspiracy to commit either offense in Passaic County? If you have, you should be aware that both powder cocaine and crack are considered scheduled drugs that give rise to a felony indictable charge of the First Degree, Second Degree or Third Degree. It is imperative in our view that anyone charged with possession with intent to distribute or possession of cocaine retain an attorney. Indeed, the lowest grade of a cocaine offense carries up to 5 years in prison so a savvy lawyer at your side can make all the difference. The lawyers at our firm, The Law Offices of Jonathan F. Marshall have over 100 years of experience defending conspiracy to possess cocaine as well as all of the related varieties of charges with this drug. Give us a call anytime 24/7 at 862-203-4070 and one of our attorneys would be happy to discuss your Passaic County case.
Cocaine Possession Law – N.J.S.A. 2C:35-10. The criminal charge for possessing cocaine in New Jersey is set forth in N.J.S.A. 2C:35-10, which provides, in pertinent part, that:
a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his or her professional practice. Any person who violates this section with respect to:
(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV, is guilty of a crime of the third degree, and a fine of up to $35,000.00 may be imposed.
Any person who commits any offense defined in this section while on any property used for school purposes, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.
Cocaine Distribution Law – N.J.S.A. 2C:35-5. Section N.J.S.A. 2C:35-5 of the the New Jersey Criminal Code addresses manufacturing or possession with intent to distribute cocaine and provides, in pertinent part, that:
a. It shall be unlawful for any person knowingly or purposely:
(1) To manufacture, distribute or dispense, or to possess or have under his or her control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
(2) To create, distribute, or possess or have under his or her control with intent to distribute, a counterfeit controlled dangerous substance.
b. Any person who violates subsection a. with respect to:
(1) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, or analogs, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. The defendant shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. A fine of up to $500,000.00 may be imposed;
(2) A substance referred to in paragraph (1) of this subsection, in a quantity of one-half ounce or more but less than five ounces, including any adulterants or dilutants is guilty of a crime of the second degree;
(3) A substance referred to in paragraph (1) of this subsection in a quantity less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree, and a fine of up to $75,000.00 may be imposed.
Distribution of Cocaine in a School Zone – N.J.S.A. 2C:35-7. The sale or distribution of cocaine near a school zone carries additional penalties that New Jersey prosecutors and law enforcement officers seek to enforce to the fullest extent possible. These enhanced penalties are set forth in N.J.S.A. 2C:35-7, which provides in pertinent part that:
Any person who distributes, dispenses or possesses with intent to distribute a controlled dangerous substance or controlled substance analog while on any school property used for school purposes, or within 1,000 feet of such school property or a school bus, is guilty of a crime of the third degree and shall be sentenced by the court to a term of imprisonment. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or three years, whichever is greater, during which the defendant shall be ineligible for parole. A fine of up to $150,000.00 may also be imposed upon any conviction for a violation of this section.
Public Park or Housing Facility – N.J.S.A. 2C:35-7.1. In order to protect the public interest, the New Jersey Criminal Code imposes additional penalties for the distribution of cocaine near a park or public housing facility, as set forth in N.J.S.A. 2C:35-7.1, which provides in pertinent part that:
a. Any person who distributes, dispenses or possesses with intent to distribute a controlled dangerous substance or controlled substance analog while in, on or within 500 feet of the real property comprising a public housing facility, a public park, or a public building is guilty of a crime of the second degree.
Explanation of these Laws. Cocaine is categorized as a Schedule II drug under the New Jersey Criminal Code, classifying it as a drug with a high potential for abuse. The penalties for a cocaine charge vary depending on whether the drug was for personal use or intended to be distributed, and the weight of the drugs.
- Possession: Simple possession of even a trace of cocaine is classified as a third degree crime, punishable by a sentence of up to five (5) years in prison, a fine of up to $35,000, and suspension of your driver’s license and motor vehicle registrations. Possession charges are not limited to simple or actual possession of cocaine on the person, but also include constructive possession of cocaine.
- Distribution: Distribution or selling of cocaine is a more serious crime, with penalties escalating based on the amount of cocaine. Conviction of intent to distribute less than one-half ounce of cocaine is classified as a third degree crime, punishable by a sentence of up to five (5) years in prison and the imposition of a fine of up to $35,000. Conviction of intent to distribute cocaine in an amount of at least one-half ounce but less than five (5) ounces is classified as a second degree crime, possibly resulting in a sentence of up to ten (10) years in prison. Conviction of intent to distribute cocaine in an amount of five (5) ounces or greater is a first degree crime, punishable by a sentence of up to 25 years in prison and a fine of up to $500,000.
- Special Penalties: Simple possession of cocaine inside a school zone carries harsher penalties, including but not limited to a mandatory community service requirement of not less than 100 hours. Conviction of intent to distribute cocaine within a school zone, on a school bus, or near a public park often triggers a minimum period of jail that must be served and a fine of up to $150,000. A particularly serious charge is the sale or distribution of cocaine to a minor or pregnant female, an offense that can result in the doubling of penalties.
Free Initial Consultation With Our Criminal Trial Team
A drug possession or distribution conviction in New Jersey can cause you a lifetime of problems. The experienced lawyers at the Law Offices of Jonathan F. Marshall can tell you exactly what to expect in your case and how we can help you. Our invaluable experience as former municipal and county prosecutors enables us to see every case from multiple perspectives. If you or a loved one has been arrested for or charged with possession or distribution of cocaine in Passaic County, please contact one of our experienced defense attorneys immediately at 862-203-4070. We can inform you of your legal rights, explain your options, and address your questions and concerns. And initial consultations with a lawyer at the firm are always free of charge.
