Elizabeth, NJ Distribution of Cocaine Attorney

Cocaine distribution charges are serious legal matters in New Jersey. If you or someone you know is facing such charges, understanding the legal implications and potential consequences is crucial. It carries serious prison time, a large sum of fines and court fees, as well as a criminal record. Cocaine distribution in New Jersey is codified under the law as NJSA 2C:35-5. If charged with the distribution of cocaine in New Jersey, you can also be facing a cocaine possession charge, drug charge, or drug distribution charge. If you or a loved one is facing a possession of cocaine charge in New Jersey, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing a cocaine distribution charge in New Jersey, it is important that legal assistance is sought. Contact our criminal justice law firm today to discuss your potential 2C:35-5 case.

Is Cocaine Distribution a Felony Charge in New Jersey?

• Yes, possession of even small amounts of cocaine is considered a felony in New Jersey.
• Under New Jersey law, cocaine is classified as a controlled dangerous substance.
• Federal statutes also list cocaine as a schedule II drug.
• In New Jersey, minor crimes are not termed misdemeanors but are referred to as disorderly person charges.
• What other jurisdictions consider felonies are called indictable offenses in New Jersey.
• According to the New Jersey law, cocaine distribution is an illegal act of selling, delivering, or giving away any amount of cocaine, a controlled dangerous substance.
  • Keep in mind that New Jersey law does not require the sale or exchange of goods for a distribution of cocaine charge. The mere intent or act of giving cocaine to someone is enough to prove a cocaine distribution charge in New Jersey. 

Possession of Cocaine in New Jersey (N.J.S.A. 2C:35-10)

• It is unlawful to possess any amount of cocaine in New Jersey.
• Cocaine possession is considered a third-degree indictable felony.
• Penalties for cocaine possession include:
  • 3 to 5 years in prison.
  • A maximum fine of $35,000.
  • A 6-month driver’s license suspension.
• Importantly, third-degree crimes allow for alternatives to incarceration, such as probation and diversionary programs like Pre-Trial Intervention (PTI).
• PTI suspends charges and ultimately dismisses them if the defendant successfully completes program requirements during the probationary period.

Cocaine Distribution in New Jersey (N.J.S.A. 2C:35-5)

Distributing cocaine in New Jersey is a serious offense. The severity of distribution charges depends on the amount of cocaine involved.

First Degree Cocaine Distribution Charge

• Offenses involving 5 ounces or more are classified as first-degree crimes.
• Penalties for first-degree distribution of cocaine include:
  • A minimum of 10 years in prison. 
  • Up to 20 years in prison.
  • A fine of up to $500,000.

Second Degree Cocaine Distribution Charge

• Quantity: This charge specifically applies when the amount of cocaine involved ranges from 0.5 ounces to 5 ounces. For quantities less than 0.5 ounces, it falls under third-degree distribution, and for 5 ounces or more, it becomes a first-degree offense with harsher penalties.
• Penalties: A second-degree charge carries significant potential consequences, including:

• Imprisonment: You could face 5 to 10 years in state prison.
• Fines: Up to $150,000 in fines could be imposed.
• Parole ineligibility: Depending on the specific circumstances, you may not be eligible for parole until serving a portion of the sentence.
• Collateral consequences: A conviction can have lasting impacts on your employment, housing, and other aspects of life.

• Additional factors: Several factors can influence the severity of the charge and potential penalties, including:

• Prior offenses: Having a history of drug-related offenses could lead to harsher penalties.
• Location: Distribution within 1,000 feet of a school or 500 feet of a housing project carries additional charges.
• Intent: If you intended to distribute large quantities or to minors, the penalties might be harsher.

Third Degree Cocaine Distribution Charge

• Quantity: This charge applies specifically when the amount of cocaine involved is less than 0.5 ounces. For quantities exceeding 0.5 ounces, it becomes a second-degree or first-degree offense with harsher penalties.
• Penalties: While less severe than higher degrees, a third-degree charge still carries significant consequences, including:

• Imprisonment: You could face 3 to 5 years in state prison.
• Fines: Up to $75,000 in fines could be imposed.
• Parole ineligibility: Depending on the specific circumstances, you may not be eligible for parole until serving a portion of the sentence.
• Collateral consequences: A conviction can have lasting impacts on your employment, housing, and other aspects of life.

What Defenses are there for Cocaine Distribution Charges in New Jersey?

A cocaine distribution charge (2C:35-5) in New Jersey is a serious offense that can result in severe penalties, such as prison time, fines, and a criminal record. However, there are possible defenses that a skilled criminal defense lawyer can use to challenge the prosecution’s case and protect your rights. Some of these defenses are:

• Lack of probable cause: The police must have a valid reason to stop, search, or arrest you for a drug offense. If they violated your constitutional rights by conducting an illegal stop, search, or seizure, the evidence obtained from such actions may be suppressed and the charges may be dismissed.
• Errors in the chain of custody: The evidence collected by the police must be properly handled, stored, and tested to ensure its integrity and reliability. If there are any gaps, inconsistencies, or mistakes in the chain of custody, the evidence may be deemed unreliable and excluded from the trial.
• Invalid lab reports: The prosecution must prove that the substance you allegedly possessed or distributed was actually cocaine. This requires a scientific analysis by a qualified lab technician. If the lab report is inaccurate, incomplete, or flawed, the evidence may be challenged and the charges may be reduced or dropped.
• Challenge your possession of cocaine: The prosecution must prove that you knowingly and intentionally possessed cocaine with the purpose of distributing it. If you did not have actual or constructive possession of the substance, or if you did not have the intent to distribute it, you may have a valid defense. For example, you may argue that the cocaine belonged to someone else, that you were unaware of its presence, or that you had a valid prescription for it.
• Diversionary programs: If you are a first-time or non-violent offender, you may be eligible for a diversionary program such as Pretrial Intervention (PTI) or Drug Court. These programs allow you to avoid prosecution and conviction by completing certain requirements, such as drug treatment, counseling, community service, and supervision. If you successfully complete the program, the charges will be dismissed and your record will be expunged.

These are some of the possible defenses for a cocaine distribution charge in New Jersey, but each case is unique and requires a thorough evaluation by an experienced criminal defense lawyer. If you are facing such a charge, you should contact a lawyer as soon as possible to discuss your options and the best strategy for your case. Contact our office today to discuss your cocaine distribution charge. 

Frequently Asked Questions (FAQs) 

• Question: Can I still face a cocaine distribution charge in New Jersey when I never received payment for it?
  • Answer: In New Jersey, the law does not require payment to be involved for a charge of cocaine distribution. The intent to distribute is sufficient for such a charge, regardless of whether or not any money changed hands. The penalties for intent to distribute less than 5 ounces of cocaine can include 5-10 years in prison, up to $150,000 in fines, and a 1-2 year driver’s license suspension.

• Question: If I was previously convicted of a drug crime, will I face harsher penalties for a cocaine distribution charge in New Jersey?
  • Answer: Yes, in New Jersey, if you have a prior drug conviction, you may face enhanced penalties for a subsequent cocaine distribution charge. The state’s legal system can impose stiffer sentences for repeat offenders, which could include longer prison terms and higher fines. 

• Question: Is plea bargaining allowed for a cocaine distribution charge in New Jersey? 
  • Answer: In New Jersey, plea bargaining for drug distribution charges, including cocaine, is generally not eligible for plea bargaining. However, the specifics can vary depending on the circumstances of the case, and it’s always best to consult with a qualified criminal defense lawyer to explore all available options. 

Top-Shelf New Jersey Cocaine Distribution Lawyer

Facing cocaine distribution charges is daunting, but having an experienced criminal defense lawyer by your side is essential. Remember, legal matters require professional guidance, and seeking legal representation promptly is crucial. Stay informed, exercise your rights, and make informed decisions. Here are some reasons why you should contact Brett Rosen for your cocaine distribution charge:

1. **Experience and Expertise**:

   – Brett M. Rosen is an experienced criminal defense attorney who has handled numerous cocaine distribution cases in New Jersey.

   – He has a deep understanding of the relevant laws, court procedures, and potential defenses in these types of cases.

   – He has a proven track record of success in obtaining favorable outcomes for his clients, including dismissals, acquittals, and reduced charges.

2. **Knowledge of New Jersey Law**:

   – Mr. Rosen has extensive knowledge of New Jersey’s drug laws, including the penalties for cocaine distribution offenses.

   – He stays up-to-date on changes in the law and legal precedents that may impact his clients’ cases.

   – He can effectively navigate the legal system and advocate for your rights throughout the process.

3. **Strong Negotiation Skills**:

   – Brett M. Rosen is an accomplished negotiator who can effectively communicate with prosecutors on your behalf.

   – He has a reputation for being able to negotiate favorable plea agreements that minimize the potential consequences of a cocaine distribution charge.

   – He will work tirelessly to secure a resolution that protects your interests and minimizes any negative impact on your future.

4. **Personal Attention and Support**:

   – Mr. Rosen is committed to providing personalized attention and support to his clients.

   – He takes the time to listen to your concerns, understand your unique situation, and develop a customized defense strategy tailored to your case.

   – He will keep you informed throughout the legal process and be responsive to your questions and concerns.

5. **Trial Experience**:

   – Brett M. Rosen is an experienced trial attorney who is not afraid to take cases to trial if necessary.

   – He has a proven track record of success in defending clients at trial and securing favorable verdicts.

   – If your case goes to trial, you can trust that Mr. Rosen will vigorously advocate for you and fight for your rights.

6. **Client Testimonials**:

   – Mr. Rosen has received positive client testimonials and reviews praising his professionalism, dedication, and exceptional legal skills.

   – His clients appreciate his personalized approach, responsiveness, and commitment to achieving the best possible outcome in their cases. 

Contact our office today to discuss your New Jersey cocaine distribution charge (2C:35-5).