Bergen County Marijuana Distribution Lawyer
A conviction for distributing marijuana or possession of marijuana with the intent to distribute can have serious impacts on your future. Not only will a conviction require you to have a criminal record but it can also lead to lengthy prison sentences, extremely high fines and potential loss of licenses. You do not have to be actually caught distributing marijuana to be charged with possession of marijuana with the intent to distribute. These charges often arise as a result of you being arrested with certain items in your possession, such as baggies, scales or large sums of money. In addition, these charges usually stem from some form of a search, therefore, it is important to speak to an experienced criminal defense firm about your options as a successful suppression issue can result in a dismissal of the charges. The Law Offices of Jonathan F. Marshall has been representing individuals charged with distributing marijuana, possession of cocaine with the intent to distribute, distributing heroin in Bergen County for over fifteen years. With over 100 years of combined experience on staff, including over twenty years of combined prosecuting experience, our office has the tools necessary to defend these type of drug offenses.
Possession of Marijuana with Intent to Distribute Lawyer in Fort Lee NJ
§ 2C:35-5. Manufacturing, distributing or dispensing:
a. Except as authorized by P.L. 1970, c. 226, 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.
b. Any person who violates subsection a. with respect to:
(10) (a) Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-3, a fine of up to $ 300,000.00 may be imposed;
(b) Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;
(11) Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 25,000.00 may be imposed;
(12) Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree.
Scenarios which can make a complicated situation much worse
Harsher penalties come into play when the alleged distribution occurs either within a 1000 feet of a school zone or within 500 feet of a park or housing complex. Before these can be proven, the state must present maps which prove beyond a reasonable doubt that where the alleged distributions occurred was within the required distance under the statute. In addition, the state must also prove beyond a reasonable doubt that the seized marijuana was in fact marijuana. They do this by sending all of the marijuana seized to a state laboratory where it can tested by a state approved lab technicians. These regulations often times give rise to potential chain of custody issues. These are just some of technical information that an experienced criminal defense attorney looks for.
The Potential for certain items to be seized & forfeited
Another important issue to keep in mind is that if you have been arrested and charged with distributing marijuana the state may seize and file a forfeiture action against any evidence that they feel was used to facilitate the crime. Some of the more common items seized include vehicles, boats and cash.
Mahawh NJ Marijuana Distribution Attorneys
The Law Offices of Jonathan F. Marshallhas the experience necessary to successfully protect your rights. With over 100 years of combined experience on staff there are very few scenarios that we have not seen. We have been representing individuals charged with possession of marijuana with the intent to distribute it throughout Bergen County including towns like Montvale, Oradell, River Edge, Elmwood Park, Englewood, Fort Lee, Hackensack and Garfield for over fifteen years. Please feel free to contact any one of our Bergen County Offices to speak to an experienced criminal defense trial attorney about your options.