Elizabeth, NJ Drug Distribution Charges Attorney

At our New Jersey criminal defense law firm, we understand the serious consequences that a New Jersey drug distribution (2C:35-5) conviction can have on your life. A New Jersey drug distribution charge conviction can lead to potential serious prison time, large fines, community service, and a criminal record. In addition, you can also be facing heroin distribution and cocaine distribution charges depending on the facts of your or your loved one’s case. It is important to discuss your drug distribution charge (2C:35-5) with an experienced lawyer. We have the experience and knowledge of a criminal defense attorney who is dedicated to providing aggressive and effective legal representation to individuals charged with drug distribution offenses in New Jersey. If you or a loved one is facing NJSA 2C:35-5 distribution of drugs charge, 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 drug 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.

Understanding NJSA 2C:35-5 Drug Distribution Charges

Under New Jersey law, drug distribution is defined as the unlawful manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled dangerous substance (CDS). CDSs are classified into five schedules based on their potential for abuse and dependence. Penalties for drug distribution vary depending on the type and quantity of CDS involved, as well as the circumstances surrounding the offense. NJSA 2C:35-5 defines drug distribution as the following: 

1. a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be unlawful for any person knowingly or purposely:
   1. To 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. To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

Notice in the law that a distribution charge does not require the sale of the drug. Giving a controlled dangerous substance to someone without the exchange of money or goods is considered a distribution of drugs in New Jersey. This is why it is important to contact a lawyer. Give our office a call to discuss your drug distribution charges today. 

Elements of New Jersey Drug Distribution Charge

It is the prosecution’s job (burden) to prove each element of a New Jersey drug distribution charge beyond a reasonable doubt. If the prosecutor fails to prove one element, then the jury/judge must find the defendant not guilty. According to the New Jersey Model Jury Charge for drug distribution, the prosecutor must prove the following beyond a reasonable doubt: 

1. S___ in evidence is (insert appropriate CDS or controlled substance analog i.e. cocaine, heroin, etc.). 
2. That the defendant distributed S___ date alleged in the indictment. 
3. That the defendant acted knowingly or purposefully in distributing S___ .

For the second element above, the New Jersey Model Jury charge instructs that, “to ‘distribute’ means the transfer, actual, constructive or attempted, from one person to another of a controlled dangerous substance (or controlled substance analog).”  Also, as previously mentioned above, the New Jersey Model Jury Charge instructs the jury that, “it is not necessary that the drugs be transferred in exchange for payment or promise of payment of money or anything of value.” This means that the prosecutor does not need to prove an exchange or intent to exchange money for drugs. 

Penalties for Drug Distribution in New Jersey

The penalties for drug distribution in New Jersey can result in serious prison time as well as a huge fine depending on the drug and quantity. The  potential severe penalties for drug distribution in New Jersey can include:

• First-degree crime: Distribution of a Schedule I or II CDS, or distribution of any CDS in a school zone, can result in a prison sentence of 10 to 20 years and a fine of up to $500,000. A 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. 
  • Heroin, cocaine, methamphetamine of more then five (5) ounces is a first-degree crime.
  • Lysergic acid diethylamide (LSD) of 100 milligrams or phencyclidine in a quantity of 10 grams is a first degree crime.
  • Marijuana in a quantity of 25 pounds or, 50 or more marijuana plants, or hashish in a quantity of five pounds is a first degree crime. 
• Second-degree crime: Distribution of a Schedule III or IV CDS can result in a prison sentence of 5 to 10 years and a fine of up to $150,000.
  • Heroin, cocaine, methamphetamine in a quantity of one-half ounce or more but less than five ounces is a second degree crime.
  • Lysergic acid diethylamide (LSD) in a quantity of less than 100 milligrams  is a second degree crime. 
  • Marijuana in a quantity of five pounds or more but less than 25 pounds, or 10 or more but fewer than 50 marijuana plants, or hashish in a quantity of one pound or more but less than five pounds is a second degree crime. 
• Third-degree crime: Distribution of a Schedule V CDS can result in a prison sentence of 3 to 5 years and a fine of up to $75,000.
  • Heroin, cocaine, methamphetamine in a quantity less than one-half ounce is a third degree crime.
  • Marijuana in a quantity of more than one ounce but less than five pounds, or hashish in a quantity of more than five grams but less than one pound is a third degree crime. 
• Fourth-degree crime: Possession with intent to distribute any CDS can result in a prison sentence of up to 18 months and a fine of up to $10,000.
  • Marijuana in a quantity of one ounce or less, or hashish in a quantity of five grams or less for a second or subsequent offense, is guilty of a crime of the fourth degree.

In addition to these penalties, a drug distribution conviction can also lead to the loss of your driver’s license, professional license, and the ability to own a firearm. Contact our office today to discuss you or your loved one’s distribution of drugs charge. 

Defending Against Drug Distribution Charges in New Jersey

If you have been charged with drug distribution in New Jersey, it is important to contact an experienced criminal defense attorney immediately. Brett M. Rosen will work with you to develop a strong defense strategy. Depending on the facts of the case, the following defenses for your drug distribution charges in New Jersey might be the following:

• Illegal search by police: This defense challenges the validity of the evidence obtained by the police, claiming that they violated the Fourth Amendment rights of the defendant. If the police did not have a warrant, probable cause, or consent to search the defendant’s person, vehicle, or property, the evidence may be suppressed and the case dismissed23.
• Issues with chain of custody for evidence: This defense questions the reliability and integrity of the evidence presented by the prosecution, claiming that it was mishandled, tampered with, or lost during the process of collection, storage, and transportation. If the prosecution cannot prove that the evidence was properly preserved and accounted for, the evidence may be excluded and the case weakened.
• Lack of intent to distribute: This defense argues that the defendant did not have the purpose or plan to distribute the drugs, but only possessed them for personal use. This may reduce the severity of the charge from distribution to possession, which carries lower penalties. The defense may present factors such as the quantity, packaging, purity, and paraphernalia of the drugs to support this claim.
• Entrapment: This defense asserts that the defendant was induced or coerced by the police or an informant to commit the crime, and that they would not have done so otherwise. This may apply in cases where the police use undercover agents, sting operations, or informants to solicit or pressure the defendant to distribute drugs. The defense must show that the police or the informant initiated the contact and the crime, and that the defendant was not predisposed to commit the crime.
• Abandonment: This defense applies to cases involving conspiracy to distribute drugs, which is an agreement between two or more people to commit the crime. The defense must prove that the defendant renounced or withdrew from the conspiracy before any overt act was committed, and that they notified the other conspirators or the police of their intention to abandon the conspiracy. This may terminate the defendant’s liability for the conspiracy charge.
• Challenging the evidence against you: This defense involves disputing the accuracy, validity, or reliability of the evidence presented by the prosecution, such as the laboratory report, the witness testimony, or the identification of the drugs. If the defense can cast doubt on the evidence, the prosecution may have a harder time proving their case beyond a reasonable doubt.
• Challenging the possession of the drugs: This defense applies to cases where the drugs were not found on the defendant’s person, but in a shared or common area, such as a car, a house, or a locker. The defense may argue that the defendant did not have actual or constructive possession of the drugs, meaning that they did not have knowledge, control, or dominion over them. The defense may also present evidence that the drugs belonged to someone else who was with the defendant at the time of the arrest.
• Challenging the allegations that you distributed CDS: This defense contests the charge of distribution or intent to distribute by showing that there is insufficient or contradictory evidence to support it. The defense may point out the lack of factors that indicate distribution, such as large quantities, multiple packages, scales, cash, or communication records. The defense may also challenge the credibility of the informants or undercover agents who claim that they witnessed or participated in the distribution.

These are just some defenses that may be applicable to your drug distribution charge in New Jersey. It’s important to remember that not all defenses will be applicable. Again, it depends on the facts of the case whether a certain defense suffices for a particular case.

Pre-Trial Intervention

Pretrial intervention (PTI) is a diversionary program that allows eligible defendants to avoid a conviction and have their charges dismissed after completing certain conditions. However, PTI is not available for everyone who is charged with a drug distribution charge in New Jersey. According to NJ Courts website, there are several factors that may affect your eligibility for PTI, such as:

• The degree and nature of the offense. Generally, PTI is only available for third- or fourth-degree crimes, and not for crimes that have a presumption of incarceration or a mandatory minimum period of parole ineligibility. Drug distribution is usually a second-degree crime, which means you would need the prosecutor’s consent to apply for PTI.
• Your prior criminal record. If you have previously been convicted of an indictable offense in New Jersey or elsewhere, or if you have previously participated in a diversionary program such as PTI, conditional discharge, conditional dismissal, or a similar program in another state or federal jurisdiction, you are ineligible to apply for PTI.
• The public interest. The prosecutor and the court will consider whether granting you PTI would be consistent with the public interest, taking into account the nature of the offense, the impact on the victim and the community, the availability of other sanctions, and your personal characteristics and needs. The prosecutor and the court have a lot of discretion in deciding whether to approve or deny your application for PTI.

Therefore, PTI is not automatically available if you have been charged with a drug distribution charge in New Jersey. You may have to overcome some legal hurdles and persuade the prosecutor and the court that you deserve a second chance. The best way to find out if you qualify for PTI and how to apply for it is to consult with an experienced criminal defense lawyer who can review your case and advise you of your legal options. Contact our office today to discuss your New Jersey drug distribution charge.  

Drug/Recovery Court

Drug/recovery court is a diversionary program that allows eligible defendants to avoid a conviction and have their charges dismissed after completing certain conditions, such as treatment, counseling, and supervision. However, drug/recovery court is not available for everyone who is charged with a drug distribution charge in New Jersey. Some of the factors that may affect your eligibility for drug/recovery court are:

• The degree and nature of the offense. Generally, drug/recovery court is only available for third- or fourth-degree crimes, and not for crimes that have a presumption of incarceration or a mandatory minimum period of parole ineligibility. Drug distribution is usually a second-degree crime, which means you would need the prosecutor’s consent to apply for drug/recovery court.
• Your prior criminal record. If you have previously been convicted of an indictable offense in New Jersey or elsewhere, or if you have previously participated in a diversionary program such as drug/recovery court, conditional discharge, conditional dismissal, or a similar program in another state or federal jurisdiction, you are ineligible to apply for drug/recovery court.
• The public interest. The prosecutor and the court will consider whether granting you drug/recovery court would be consistent with the public interest, taking into account the nature of the offense, the impact on the victim and the community, the availability of other sanctions, and your personal characteristics and needs. The prosecutor and the court have a lot of discretion in deciding whether to approve or deny your application for drug/recovery court.

Therefore, drug/recovery court is not automatically available if you have been charged with a drug distribution charge in New Jersey. You may have to overcome some legal hurdles and persuade the prosecutor and the court that you deserve a second chance. The best way to find out if you qualify for drug/recovery court and how to apply for it is to consult with an experienced criminal defense lawyer who can review your case and advise you of your legal options. Contact our law firm today to discuss your New Jersey drug distribution charge. 

Veterans Diversionary Program

Admittance into the Veterans Diversionary Program depends on the degree of the drug distribution charge, the type of drug involved, your mental health condition, and the prosecutor’s discretion.

The Veterans Diversion Program (VDP) is a statewide program for eligible service members who are charged with certain non-violent offenses in the Superior Court or the municipal court and who suffer from mental illness. The prosecutor decides who is admitted into the program. An eligible service member is a veteran, enlisted person or officer of the U.S. Armed Forces. This includes members of the reserves and the New Jersey National Guard.

You are not eligible for the program if you are charged with a first- or second-degree crime, have been convicted of a crime under the No Early Release Act, or are charged with a crime that involves violence or the threat of violence. If you were charged with domestic violence, you could be admitted to the program if the prosecutor agrees.

Distribution of Schedule V drugs is a fourth-degree indictable offense punishable by 18 months in prison and a fine of up to $25,000. Distribution of other types of drugs may result in higher degrees of charges and penalties.

If you are an active or retired member of the military charged with a non-violent criminal offense (except a second or first degree crime), you can apply for the VDP with the Prosecutor’s Office in the County where your case is being handled. You and your attorney should speak to the prosecutor assigned to your case. It is strongly recommended that you speak with your attorney before applying. You should consult with a qualified attorney for your specific situation. Contact our office today to discuss your drug distribution charges here in New Jersey.

Frequently Asked Questions (FAQs) 

• Question: Will a drug distribution charge in New Jersey appear on my criminal record?
  • Answer: Yes, a drug distribution charge in New Jersey will most definitely appear on your criminal record unless you are successful in getting it expunged. Drug distribution is a serious offense in New Jersey and a conviction will leave a permanent mark on your record.

• Question: Can I expunge my New Jersey drug distribution conviction? 
  • Answer: Expunging a drug distribution conviction in New Jersey is more challenging than possession, but there may still be a chance. Here’s what to consider:

    • Limited Expungement Option: Generally, New Jersey doesn’t allow expungement for most drug distribution offenses.

    • Exceptions: There are a few exceptions. You might qualify for expungement if:

      • The distribution involved small amounts of marijuana (under 25 grams) or hashish (under 5 grams).

    • Clean Slate Law: After ten years, if you meet specific criteria, the Clean Slate Law allows expungement of your entire record, including a drug distribution conviction.

• Question: Can I be charged with drug distribution in New Jersey when I didn’t receive money or any goods in exchange for it? 
  • Answer: Yes, in New Jersey you can be charged with drug distribution even if you didn’t receive money or any goods in exchange for the drugs.

• Question: Can I be charged with drug distribution in New Jersey for marijuana even though it is legalized?
  • Answer: In New Jersey, you can still be charged with drug distribution for marijuana even though recreational marijuana use has been legalized. Here’s the breakdown:

    • Legalization for Possession: New Jersey legalized the possession of small amounts of marijuana (under 6 ounces) for adults over 21.

    • Distribution Still Illegal: Distributing any amount of marijuana remains illegal. This applies regardless of receiving money or goods in exchange.

    • Focus on Intent: New Jersey law concentrates on the intent to distribute, not financial gain. Simply giving away marijuana can be considered distribution.

Premier New Jersey Drug Distribution Defense Attorney

If you are facing drug distribution charges in New Jersey, do not hesitate to our law firm today. We will fight for your rights and work to achieve the best possible outcome in your case. There are many reasons why you might want to retain Brett M Rosen as your criminal defense attorney for your distribution of drugs charge. Here are some of them:

• Rosen is a celebrated criminal defense attorney who has been recognized as one of the top criminal defense attorneys of 2023.
• Rosen has been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive.
• Rosen has tried numerous cases and has stood ‘toe to toe’ at trial against current and former prosecutors, certified criminal and civil trial attorneys, as well as a certified matrimonial attorney.
• Rosen has a passion for criminal law and a belief in the sanctity of human rights. He strives to foster a more just and equitable world through his legal expertise and passionate advocacy.
• Rosen has a strategy that is not just about presenting the facts, but about telling a story and making the jury relate to his client. His approach to cross-examination is methodical, meticulous, and assertive.
• Rosen has won some seemingly impossible cases, such as a sexual assault case where the alleged victim was an 11-year-old student. The jury delivered a not-guilty verdict on all charges after an intense eight-hour deliberation.
• Rosen has also handled some high-profile cases involving celebrities and reality stars. He has represented a Grammy-Award winning artist on their drug cases and got a case dismissed where the alleged victim was a former reality star.

These are just some of the reasons why Brett M Rosen is a good choice for your criminal defense attorney if you are facing distribution of drugs in New Jersey. Contact our office today to discuss your drug distribution charges.