Hackensack NJ Juvenile Drug Possession with Intent to Distribute Attorney

A juvenile conviction for either possession of a controlled dangerous substance with the intent to distribute or distributing a controlled dangerous substance can have devastating consequences on your child’s life. Whether the controlled dangerous substance in question be marijuana, heroin, cocaine or prescription drugs, we can help. A juvenile criminal record for distributing drugs can hinge your ability to get into your favorite college, obtain gainful employment, and even prevent you from ever obtaining center professional licenses. The type of drug in question and the specific location in which the drug was eventually seized will determine the severity of the charges your child faces. The closer to certain locations like a school or a park can take an already serious situation and make it much worse. With that being said it is important to remember that the juvenile criminal justice system is run completely different then the traditional adult criminal justice system. The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty-five years of prosecuting experience. The team of seven criminal defense attorneys at The Law Offices of Jonathan F. Marshall is prepared to make this already inherently stressful situation less stressful. Here is some important information with regards to possession with intent or distributing drugs cases.

Juvenile Marijuana Distribution Lawyers in Saddle Brook NJ

Elements of the Offense:

Manufacturing, distributing or dispensing: N.J.S.A. 2C:35-5(1)

  • A juvenile will be convicted of distributing a controlled dangerous substance (“CDS”) if it is proven that the juvenile was found in possession of a CDS, that the defendant either manufactured, dispensed or distributed the CDS in question and lastly, that the juvenile committed the aforesaid acts knowingly or purposely.

Possession of a Controlled Dangerous Substance with the Intent to Distribute: N.J.S.A. 2C:35-5(2) 

    • A juvenile will be convicted of possessing a controlled dangerous substance (“CDS”) with the intent to distribute it if the state can prove beyond a reasonable doubt that the item seized from the juvenile was in fact a CDS, that the juvenile had the CDS in his/her possession or control, that the juvenile knew it was a CDS and lastly that the juvenile possessed the CDS with the intent to distribute it. 

Degree of the Offenses:

Marijuana:

First Degree: The quantity of marijuana possessed was 25 pounds or more; 50 or more marijuana plants; hashish in a quantity of five pounds or more.

Second Degree: The quantity of marijuana possessed was five pounds or more but less than 25 pounds; 10 or more but fewer than 50 marijuana plants; hashish in a quantity of one pound or more but less than five pounds.

Third Degree: The quantity of marijuana possessed was one ounce or more but less than five pounds; hashish in a quantity of five grams or more but less than one pound.

Fourth Degree: The quantity of marijuana possessed was less than one ounce; hashish in a quantity of less than five grams.

Cocaine / Heroin:

First Degree: The quantity of cocaine/heroin possessed was five ounces or more, including any adulterants.   

Second Degree: The quantity of cocaine/heroin possessed was one-half ounce or more, but less than five ounces including any adulterants or dilutants.

Third Degree: The quantity of cocaine/heroin possessed was less than one-half ounce including any adulterants or dilutants.

Applicable Penalties if Convicted: 

The range of exposure for incarceration purposes for a juvenile will be centered around the degree of the offense in which they are charged with, just like it is in the adult system. However, with that being said, the potential incarceration range is much less in the juvenile system than it is for an adult system. Here is the breakdown for the juvenile criminal justice system:

    • A juvenile convicted of a crime of the second degree may face up to three (3) years in a juvenile detention center.
    • A juvenile convicted of a crime of the third degree will face up to two (2) years in a juvenile detention center. 
    • A juvenile convicted of a crime of the fourth degree will be facing up to one (1) year in a juvenile detention center.

Juvenile Drug Distribution Defense Lawyers in Lodi NJ

The Law Offices of Jonathan F. Marshall is an experienced juvenile criminal defense firm. We fully understand that this is probably an extremely traumatic time for your family. If your child is facing a possession of a controlled dangerous substance with the intent to distribute or distributing a controlled dangerous substance we can help. Please contact any one of our Bergen County Offices for a free initial consultation about your options.