Bergen County Possession of CDS with Intent to Distribute in a Park

Possession of a controlled dangerous substance in and of itself is a very serious charge in New Jersey let alone possession of cocaine with the intent to distribute within 500 feet of a park. A conviction for distributing, dispensing or possessing a CDS with the intent to distribute within a park carries with it lengthy incarceration and potential for a parole ineligibility term. As you will see below, the applicable penalties for anyone convicted of this offense will vary depending on not only the type of drugs in question whether it be marijuana, cocaine, heroin, ecstasy, molly, prescription drugs or anabolic steroids but also one the quantity possessed at the time of the arrest. The Law Offices of Jonathan F. Marshall is well established criminal defense firm. We have over 100 years of combined experience on staff including over twenty-five years of prior prosecuting experience. If you or someone you know has been charged with a violation of N.J.S.A. 2C:35-7.1 in towns like Fort Lee, Elmwood Park, Englewood, Paramus, Garfield, Lodi, Teaneck or elsewhere in Bergen County we can help.

Fort Lee NJ Marijuana Distribution Lawyers in a Public Park

Distributing CDS Near  Public Housing Facilities, Public Parks or Public Buildings: N.J.S.A. 2C:35-7.1

The New Jersey legislatures have decided to separate the offenses of distributing, dispensing or possessing with intent to dispense a controlled dangerous substance or its analog when it is committed in, on, or within five hundred feet of the real property comprising a public housing facility, a public park or a public building from the traditional distributing, dispensing or possessing with intent to dispense a controlled dangerous substance or its analog.

The state must prove beyond a reasonable doubt four material elements. They are as follows:

        1. The defendant was found to be in possession of a controlled dangerous substance (CDS) or its analog;
        2. The defendant either dispensed, distributed or possessed the CDS with the intent to distribute;
        3. The defendant’s aforementioned actions were committed on or within 500ft of a public housing facility, public park, or a public building; &
        4. The defendant acted knowingly or purposely.

The Courts will consider it an affirmative defense if defense counsel can show that the alleged conduct by the defendant did not involve distributing, dispensing, or possessing with intent to distribute or dispense any CDS or its analog for profit and nobody under the age of eighteen was involved in the defendants conduct.  Defense counsel will have the burden of proving this affirmative defense by a preponderance of the evidence.

Penalties for Distributing Controlled Dangerous Substance within 500ft of Park:

Pursuant to N.J.S.A. 2C:35-7.1, the defendant will be convicted of a crime of the second degree (felony) if  the drug in question was either cocaine, heroin, prescription drugs, ecstasy, molly or  one ounce or more of marijuana. If convicted of a crime of the second degree the defendant is facing up to 10 years in a New Jersey State Prison. Conversely, if the defendant is distributing, dispensing or possessing marijuana with the intent to distribute within 500ft of a park and the marijuana in question was less than one ounce the defendant will convicted of a third degree felony. A defendant convicted of a third degree felony faces up to five years in a New Jersey State Prison.

Heroin Distribution in a Park Lawyers in Teaneck NJ

The Law Offices of Jonathan F. Marshall has the experience and skill set necessary to protect your interest. We have eight criminal defense trial attorneys on staff making us one of the largest criminal defense firms in the state let alone Bergen County. If you or someone you know has been charged with distributing cocaine within 500ft of a park in Bergen County we can help. If you have any further questions please contact any one of our Bergen County Offices for a free initial consultation with any one of our eight criminal defense attorneys.