Fort Lee NJ Possession of Cocaine with the Intent to Distribute Lawyers

The use of cocaine in Bergen County has become rampant, so with that being said,  the amount of arrest for possession of cocaine with the Intent to distribute has risen dramatically too. Whether it be possession of cocaine or possession with intent, or distribution of cocaine, the consequences if convicted are severe and can lead to lengthy incarceration sentences. Bergen County has also seen a sudden rise in heroin possession and possession of prescription drugs as well.  The governing statute for distributing cocaine in New Jersey  is N.J.S.A. 2C:35-5 and as you will see below, the severity of the charges will depend upon several key factors, such as the amount possessed and the location in which you were arrested.

The Law Offices of Jonathan F. Marshall has been defending individuals charged with cocaine distribution throughout Bergen County including towns like Fair Lawn, Montvale, Lodi, Elmwood Park, Carlstadt, Demarest, Edgewater, Cliffside Park, Hackensack and Englewood for over fifteen years.  If you or a loved one has been charged with possession of cocaine with the intent to distribute or cocaine distribution it is imperative that you speak to an experienced criminal defense attorney about you options.  Please  contact any one of our Bergen County Offices for a free consultation about your pending drug charges.

Edgewater NJ Cocaine Distribution Lawyers

Elements of the Offense: N.J.S.A. 2C:35-5

Manufacturing, Distributing or Dispensing Cocaine

Before a defendant may be convicted distributing cocaine, the state must prove beyond a reasonable doubt three material elements. First, the State must prove that the item in which the defendant was found to be in possession of, was a controlled dangerous substance (CDS) or its analog.  Secondly, the defendant either manufactured, dispensed or distributed the said item and lastly, the defendant’s aforementioned actions were knowingly or purposely committed.

Possession with Intent to Distribute Cocaine:

If  the defendant was not caught distributing the cocaine, the prosecution may attempt to convict the said defendant of possession with the intent to distribute cocaine.  However, before the defendant can be convicted the state must prove four material elements and they are as follows:

The item seized was in fact cocaine;

The defendant possessed the cocaine or at least had it in his control;

The defendant knew what he possessed was cocaine; &

The defendant possessed the cocaine with an intentions of distributing it.

It is important to note here that the meaning of “possession” can be actual or constructive.  Actual possession will be found when the defendant exercises physical possession / control of the item in question {CDS}.  Conversely, constructive possession will be found if the defendant is aware of the actual nature of the item in question, that he has an underline purpose to exercise control over the item and he also has ability to exercise the said control.

Grading & Applicable Penalties if Convicted:

First Degree:

The Defendant will be charged with a first degree crime if the quantity of cocaine possessed at the time of the arrest was five ounces or more, including any adulterants.  If convicted, a defendant faces up to twenty years in a New Jersey State Prison, which may include a term of parole ineligibility and  a fine up to $500,000.00.
 

        Second Degree:

The Defendant will be charged with a second degree crime if the quantity of cocaine possessed at the time of the arrest was one-half ounce or more, but less than five ounces including any adulterants or dilutants.  If convicted, a defendant may face up to ten years in a New Jersey State Prison.

Third Degree:

The Defendant will be charged with a third degree crime if the quantity of cocaine possessed at the time of the arrest was less than one-half ounce.  If convicted, a defendant may face up to five years in a New Jersey State Prison and up to a $75,000.00 fine.

Depending the on underline circumstances and the defendants prior record, they may be eligible for a diversionary program like Pre-Trial Intervention {“PTI”} or Drug Court. If the defendant is eligible and is admitted into the  PTI Program, it will afford the defendant the opportunity to walk away from the incident conviction free. On the other hand, if the defendant is not eligible for PTI, they may be eligible for Drug Court, which allows a defendant to go through an intensive drug related probationary sentence in lieu of being incarcerated.
 

Possession of Cocaine with the Intent to Distribute Attorneys in Bergen County NJ

As you can tell from above, the penalties for anyone convicted of distributing cocaine in New Jersey can be severe and not to mention carry lifelong consequences. Therefore, it is imperative for you to speak to an experienced criminal defense attorney immediately about your options. If you or a loved one has been charged with distributing cocaine or possessing cocaine with the intent to distribute within Bergen County or any other drug offense for that matter, please contact The Law Offices of Jonathan F. Marshall for a free initial consultation about your pending charges. We have seven criminal defense attorneys waiting to assist you in any way that we can.