Our Talented Former Prosecutors Defend Distribution of Cocaine, Heroin, MDMA, Xanax, Marijuana & Other CDS Throughout Passaic County
Drug investigations by local police and the Passaic County Prosecutor’s Office can be complex and involve the use of informants and undercover operations to gather evidence prior to an arrest. If you believe you are the target for arrest or have already been charged with distributing drugs in Wayne or another town in Passaic County, you need a defense attorney capable of looking out for your interests in the face of serious criminal charges that have the potential to land you in prison for years, if not decades.
Here at the Law Offices of Jonathan F. Marshall, we can offer you exceptional qualifications to ensure that you mount the very best defense to the distribution of CDS charge you are facing. Our credentials include:
- Over 200 years of combined experience defending charges involving distribution of heroin, methamphetamine, cocaine, MDMA (ecstasy/molly), marijuana, LSD, and other CDS
- A team of 11 attorneys who limit their practice to criminal defense
- Former county prosecutors who have served as the Director of the Drug Task Force, Major Crimes Bureau, Juvenile, and an entire Trial Division
- Certified criminal trial attorneys
It is important to hire an attorney as quickly as possible so there is every chance of averting conviction. For a free initial consultation with one of our criminal attorneys in Wayne to discuss how we can help you, call (862) 203-4070.
CDS Distribution in Wayne
The sale, manufacture or possession with intent to distribute of any controlled dangerous substance (CDS) is prohibited by N.J.S.A. 2C:35-5. The fact you gave a CDS to a friend without receiving or expecting payment is not a defense. Receiving payment or anything of value is not one of the elements of the offense. If your friend claims to be in pain and asks for a Percocet your doctor prescribed for you, what you think of as an act of kindness is a felony that will ruin your life.
N.J.S.A. 24:21-5 through 24:21-8.1 contain the CDS schedules used to classify drugs according to their potential for abuse by users and the existence medial uses recognized in the U.S. Controlled dangerous substances in Schedule I have a high potential for abuse with no recognized medical uses, so are considered the most dangerous. Heroin and MDMA (known on the street as Ecstasy or Molly) are Schedule I substances. Drug distribution charges involving a Schedule I CDS are the most serious offenses.
A CDS listed in Schedule II, such as cocaine, Oxycodone, Hydrocodone and methamphetamine, has a high potential for abuse, so it is similar to a Schedule I CDS. However, a Schedule II CDS has recognized medical uses when prescribed by and used under the supervision of a physician. Giving away or selling a Schedule II CDS prescribed by your doctor is still a violation of N.J.S.A. 2C:35-5 regardless of the fact you lawfully obtained it.
Penalties For Distributing Drugs
Penalties imposed following a conviction for drug distribution in Wayne depend upon the identity of the drug and the quantity. Common drugs and possible penalties include:
Distribution of 5 ounces of heroin or cocaine is a crime of the first degree punishable by a minimum of 10 years and a maximum of 20 years in prison and a fine up to $500,000.
Selling 25 pounds of marijuana is a first degree crime with maximum fines of $300,000 and a prison sentence of from 10 to 20 years.
Distribution of less than 100 milligrams of LSD is a second degree crime punishable by five to 10 years in prison and fines up to $150,000.
Distribution of an ounce of marijuana is a third degree crime punished by fines up to $25,000 and up to five years in prison.
Distribution of less than an ounce of marijuana is a crime of the fourth degree punishable by up to 18 months in prison.
Our attorneys carefully review the facts and evidence to identify all possible legal defenses to challenge your charges. Motions to suppress can be effective in drug distribution cases because most of them make use of evidence seized following a search by police. Unless police followed procedures meant to protect your right against unlawful searches and seizures under the Fourth Amendment to the U.S. Constitution, a motion to suppress could result in a judge prohibiting the evidence from being used against you by the prosecution.
Wayne NJ Controlled Dangerous Substance Distribution Attorney
The drug distribution lawyers at the Law Offices of Jonathan F. Marshall are seasoned professionals with the skills and knowledge to develop and aggressively pursue an effective defense strategy to give you the best chance of avoiding the penalties and criminal record. Call our Wayne office now at (862) 203-4070 where a lawyer is available to speak with you in a free consultation.
