Any drug charges in Ocean County and Monmouth County, New Jersey are serious criminal charges. Drug Possession with Intent to Distribute is a major criminal offense and often times carries a mandatory jail sentence, impacting your entire future. In the eyes of NJ law, actual distribution and the intent to distribute drugs are treated identically.
You need the help of an experienced and aggressive New Jersey criminal defense firm like Villani & DeLuca P.C. on your side. The quicker you get legal advice, the more options you’ll have for your defense. Our experienced drug attorneys know how to best approach your case and your situation and will investigate each case from several angles. We are interested in your case and the details of what happened the day of your arrest. We want to hear your side of things to be certain the judge hears your side too. Call us today at 732-965-3350 for a free consultation.
At Villani & DeLuca, P.C., we have been defending individuals charged with the intent to distribute marijuana, cocaine, heroin and other drugs in New Jersey, since 1996. Our years of practice within the NJ court system provides us with invaluable knowledge that we use to give our clients the best, most strategic defense possible. We will work hard to have your possession with intent to distribute charges dismissed or reduced – or to secure you with probation, rather than jail and a permanent entry on your criminal record.
Many circumstances play into a possession with intent to distribute charge in New Jersey – some of them are very unfair to you. If you believe that you were entrapped or unjustly set up by police, or if you think improper protocol or search and seizure were followed, make sure to call the criminal and drug defense lawyers at Villani & DeLuca, P.C.
Charges of drug possession with intent to distribute depend on the weight of drugs in your possession and where you happened to be located when you were arrested. Possession of these drugs: cocaine, heroin, ecstasy and molly, PCP, LSD, methamphetamines and most prescription drugs for which there is no prescription, are considered a criminal offense, even in the smallest of quantities. (Even just the residue of cocaine that might be left on the inside of a plastic bag could qualify as possession of the drug as long as there is a sufficient quantity for swabbing and testing.)
Possession of those substances listed and any other substance scheduled as I, II, III, and IV, under N.J.S.A. 2C:35-10, are 3rd degree indictable offenses, which carry a statutory maximum penalty of 5 years in state prison, and a fine of up to $35,000. Possession of a schedule V substance (usually pharmaceuticals in very low concentrations) is graded as a 4th degree offense, which has a statutory maximum penalty of 18 months in state prison and a fine of up to $15,000. To “distribute” marijuana in New Jersey means to transfer it from one person to another with or without the involvement of money. Something as simple as passing a joint around from person to person is distribution. Possession of marijuana is considered a disorderly persons offense if it is under 50 grams.
(N.J.S.A. 2C:35-10) In the state of New Jersey, the possession of an illegal drug is called Possession of a Controlled Dangerous Substance (C.D.S.).
(N.J.S.A. 2C:35-5A) Simple possession can be upgraded to the much more serious crime of the possession of an illegal drug with the intent to sell or give away the drug, even without an actual witness to the distribution. In NJ, intent to distribute charges can be based on the arresting officer’s perception of events, presence of certain drug paraphernalia, or the way the found drugs were packaged. Depending on the circumstances, law enforcement may charge additional crimes, including Maintaining or Operating a Production Facility (N.J.S.A. 2C: 35-4), Possession of Prescription Legend Drugs (N.J.S.A. 2C:35-10.5), Possession with Intent to Distribute in a School Zone (N.J.S.A. 2C:35-7), Possession with Intent to Distribute within 500 feet of a public park or housing (N.J.S.A. 2C:35-7.1).
If you or a loved one has been charged with Drug Possession with Intent to Distribute heroin, cocaine, marijuana or other drugs in Ocean County or Monmouth County, New Jersey, you likely know you are facing some serious consequences. Before speaking with the police, contact the lawyers of Villani & DeLuca, P.C. to protect your rights immediately. The attorneys at Villani & DeLuca can be reached 24 hours a day, 7 days a week (weekends and evenings available) at 732-965-3350. Call today for a free consultation on how to protect your rights.
