New Jersey is known for its tough laws on crime, especially for alleged cocaine and crack cocaine distribution. If you are convicted for distribution of cocaine, you face the very possibility of serving state prison time. Additionally, you can be required to enter into an in-patient program, serve probation, complete community service and pay thousands in fines. A cocaine distribution charge can be upgraded depending on the amount of drugs confiscated or if the offense took place within in School Zone or within 500 ft of a Public Park or Housing. In serious cases such as these, if you can get an attorney involved early on you significantly increase your odds of success. Our criminal defense lawyers are typically able to secure our client’s admittance into Pre-Trial Intervention or Drug Court to avoid jail time and even negotiate a remand of the charges. At Proetta & Oliver we have successfully handled thousands of criminal charges including cocaine distribution throughout New Jersey including Union City, North Bergen, Bayonne, Newark, Bloomfield, Secaucus, Kearny, and Belleville. If you would like to speak with a criminal lawyer about the circumstances and details of your case then contact us today at (201) 793-8018 for a free consultation or to schedule an appointment at our Jersey City office.
2C:35-5 New Jersey Cocaine & Crack Distribution Law
The New Jersey statute for cocaine distribution and intent to distribute is listed below, in pertinent part, for your convenience.
2C:35-5. Manufacturing, distributing or dispensing
a. [I]t 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, [cocaine]…or
(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit [cocaine].
b. Any person who violates subsection a. with respect to:
(1) [Cocaine]… in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. The defendant shall, except as provided in N.J.S.A. 2C:35-12, be sentenced to a term of imprisonment by the court. The 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. Notwithstanding the provisions of subsection a. of N.J.S.A. 2C:43-3, a fine of up to $500,000.00 may be imposed;
(2) A substance referred to in paragraph (1) of this subsection, in a quantity of one-half ounce or more but less than five ounces, including any adulterants or dilutants is guilty of a crime of the second degree;
(3) A substance referred to in paragraph (1) of this subsection in a quantity less than one-half ounce 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 $75,000.00 may be imposed;
c. Where the degree of the offense for violation of this section depends on the quantity of the substance, the quantity involved shall be determined by the trier of fact. Where the indictment or accusation so provides, the quantity involved in individual acts of manufacturing, distribution, dispensing or possessing with intent to distribute may be aggregated in determining the grade of the offense, whether distribution or dispensing is to the same person or several persons, provided that each individual act of manufacturing, distribution, dispensing or possession with intent to distribute was committed within the applicable statute of limitations.
Newark NJ Cocaine Distribution Lawyer
5 ounces or more of cocaine
10 – 20 years state prison; presumption of incarceration
½ ounce – less than 5 ounces of cocaine
5 – 10 years state prison; presumption of incarceration
Less than ½ ounce of cocaine
3 – 5 years of state prison
As the above chart illustrates, the grading of different degrees for cocaine distribution depends entirely on the aggregate weight of narcotics which are confiscated. Felony drug distribution cases are normally very complicated and are riddled with complex suppression issues that may have to be litigated by an experienced criminal defense lawyer such as inadequate probable cause, unreliable informants or witnesses, an illegal search and seizure, and improper testing of suspected narcotics. Our criminal defense lawyers are experienced in handling suppression motions and know what it takes to successfully defend a cocaine distribution case. We represent clients for cocaine distribution charges throughout New Jersey including Harrison, Hoboken, Guttenberg, Weehawken, Nutley, Montclair and West New York. If you would like to learn more about how we can help you defend your charges, then contact us today at (201) 793-8018 for free consultation with a cocaine distribution attorney at our Jersey City office.
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