Distribution of CDS Defense in New Jersey
Illegal Possession of a Controlled Substance. The state of New Jersey defines this crime in NJSA 2C:35-10. Possessing such a drug with Intent to either sell or give it away is a more serious crime, defined in NJ Statute 2C:35-5. Law enforcement may proscribe additional crimes, which depends on the prevailing circumstances of the crime committed. They include N.J.S.A. 2C:35-10.5 – Possession of Prescription Legend Drugs, N.J.S.A. 2C:35-7 – Possession with Intent of Distributing within a School Zone and N.J.S.A. 2C:35-7.1 – Possession with Intent to Distribute (an illegal drug) within 500 feet of housing or public park.
The primary aspect concerning such charges is for the prosecution to prove that you were found possessing a controlled dangerous substance. According to N.J.S.A. 2C:35-2, the term ‘controlled dangerous substance’ is defined by New Jersey law as being any drug, substance or the immediate precursor as listed in Schedules I through V. It implies nearly any drug which you can utilize for causing mental alteration. This includes drug analogues that exhibit chemical structures resembling any controlled dangerous substance and which lead to a similar effect.
As well, the prosecution must prove that the offending party distributed or planned distributing the CDS. ‘Distribute’ in NJ refers to transferring a controlled dangerous substance from one individual to another. The law may as a consequence find the drugs transferrable without any payment or promise thereof. Such a situation implies you could face charges in court for providing someone with drugs or planning to provide them to someone free of charge.
CDS distribution penalties depend upon the underlying crime. For instance, conspiracy for committing a first-degree crime leads to a conspiracy charge of second-degree. Conversely, a conspiracy charge is the same degree as the underlying crime if this does not constitute a first-degree crime. Committing a third-level crime due to conspiracy occasions third-degree conspiracy charges. A seasoned attorney can mitigate the penalties in spite of the severity of the conspiracy charges. Hiring a good Drug Charge Lawyer in Monmouth County can help you beat the charges or lessen the penalties if it is proven the defendant does not pose public danger or the conspiracy is related only peripherally to the key unlawful enterprise.
Abandonment is a defense against conspiracy. In order for this to apply, you must advise fellow conspirators of your plan to abandon the conspiracy or tell police about it. The conspiracy gets terminated in this case once you abandon the agreement. An abandonment situation takes effect if neither defendant nor other conspirators involved are deemed as having committed any overact pursuant to the conspiracy. On another front, defense against conspiracy also amounts to renunciation, which in effect is an affirmative defense. A conspiracy conviction cannot result if you inform police about your earlier unlawful plans and thwart commission of an offense in line with the conspiracy. You may get a dismissal of your conspiracy charges by adducing evidence to clear one of the conspirators.
Convictions for drug crimes are serious and could lead to heavy fines, jail time, prison time and asset seizure as well as a permanent record of crime in addition to other penalties. Take time to consult with a competent Drug Charge Lawyer in Monmouth County to protect your rights.
The lawyers at Schneider Freiberger, P.C. have been defending drug charges in Monmouth County and all over the State of New Jersey for more than 40 years. Dean I. Schneider, Esquire has more than a decade of experience as a prosecutor, so he understands both sides when it comes to defending against Drug Possession and Distribution Charges in New Jersey.
The initial consultation is always free. Call our office today at 732-747-0100 to see how we can help you. You can also contact us by email.
