Princeton Drug Crimes Lawyer

Princeton Drug Crimes Lawyer Douglas Herring

WHAT IS POSSESSION OF CDS WITH THE INTENT TO DISTRIBUTE?

Princeton Drug Crimes Lawyer

The police stop a car and find a man with a collection of 50 bags of heroin and several thousand dollars in cash. The man tells the police that he was planning to sell the heroin. Having a drug you intend to sell is Possession of a Controlled Dangerous Substance with the Intent to Distribute. Possession of a Controlled Dangerous Substance with the Intent to Distribute is sometimes also called “drug dealing.” If you or a loved on has been arrested it is important that they contact a Princeton Drug Crime Lawyer as soon as possible.

In New Jersey, the possession of an illegal drug is called Possession of a Controlled Dangerous Substance (C.D.S.) and defined in New Jersey Statute 2C:35-10. A more serious crime is the possession of this drug with the intent to sell or give away the drug, and it is defined in New Jersey Statute 2C:35-5. Depending on the circumstances, law enforcement may charge additional crimes, including 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

The first element that the prosecution must prove is that whatever you possessed was controlled dangerous substance. With the assistance of a Princeton Drug Crime Lawyer, you will be able to have a defense in court against these allegations. In N.J.S.A. 2C:35-2, New Jersey law defines “controlled dangerous substance” as any drug, substance, or immediate precursor listed in the Schedules I through V. This means almost any drug that you can use to alter you mentally. This even includes drug analogs, which have a chemical structure similar to a controlled dangerous substance and produce a similar effect.

The next element that the Prosecution must prove and your Princeton Drug Crime Lawyer must defend the allegations of is that you distributed or planned to distribute the CDS. In New Jersey, “distribute” means to transfer from one person to another the controlled dangerous substance. As a result, the law may find the drugs could be transferred without any payment or promise of payment. This means that you could be charged for giving drugs to someone or planning to give drugs to someone.

Unless law enforcement saw the distribution of drugs, the Prosecution will use the police officer’s opinion that the drugs were going to be distributed. The police may base this opinion on the quantity or drugs, how the drugs were packaged, any money found with the drugs, and other circumstances. In situations where you were not seen distributing the drugs, you will have a much higher likelihood of being found not guilty if you have the assistance of a competent Princeton Drug Lawyer.

Finally, the Prosecution will need to prove must prove is that you acted knowingly or purposefully in distributing or planning to distribute the drugs. This means the Prosecution will need to show that you knew you possessed the CDS. This is another angle that can be key to your defense if you are working with a skilled Princeton Drug Crimes Lawyer.

In order for the prosecution to convict you of Theft by Unlawful Taking, they must prove the following elements:

The items was a controlled dangerous substance;
That you distributed or planned to distribute the item; and
You knew you acted purposefully in distributing or planning to distribute the item.
The penalties increase depending upon the quantity of the CDS. Following is a table of the more common drugs and quantities that have specified punishments:

  • Heroin
    • 5 ounces or more – 1st Degree Crime
    • ½ ounce or more – 2nd Degree Crime
    • Less than ½ ounce – 3rd Degree Crime
  • Cocaine
    • 5 ounces or more – 1st Degree Crime
    • ½ ounce or more – 2nd Degree Crime
    • Less than ½ ounce – 3rd Degree Crime
  • LSD
    • 100 milligrams or more – 1st Degree Crime
    • Less than 100 milligrams – 2nd Degree Crime
  • PCP
    • 10 grams or more – 1st Degree Crime
    • Less than 10 grams – 2nd Degree Crime
  • Marijuana
    • 25 pounds or more – 1st Degree Crime
    • 50 plants or more – 1st Degree Crime
    • 5 pounds or more – 2nd Degree Crime
    • 10 plants or more – 2nd Degree Crime
    • 1 ounce or more – 3rd Degree Crime
    • Less than 1 ounce – 4th Degree Crime

For anyone charged with possession of CDS with the intent to distribute, the results may be disastrous. Without the help of a Princeton Drug Crimes Lawyer, the risk of punishment is monumentally larger. The federal government may suspend any financial aid for a person convicted of a drug offense. A drug conviction, especially a distribution conviction, may prevent you from obtaining many types of assistance and programs. Most employers run background checks on anyone applying for a job and a conviction will most likely lead to you being not hired. You do not want to run the risk of ruining your future because you did not fight your charges in court with a Princeton Drug Crimes Lawyer. Not only will you lose future employment, but a conviction can result in imprisonment and loss of your freedom. In addition to jail or prison time, a court will impose significant fines, and you will have a criminal record.

Because of the significant consequences to a person charged with a CDS crime, it is important to hire a Princeton Drug Crimes Lawyer immediately as soon as you are either investigated or charged with an offense. Hiring a former prosecutor who now practices defense can make the difference between having a conviction and having the case dismissed. Because of the experience of attorneys who were former prosecutors, you will have someone on your side which have seen similar cases from both sides of the courtroom. Please contact an experienced New Jersey criminal attorney about your CDS case.

HIRING AN EXPERIENCED NEW JERSEY ATTORNEY FOR ANY DRUG CHARGES

Princeton Drug Crimes Lawyer Douglas Herring is an experienced New Jersey criminal defense attorney who will help you fight your drug charges. Mr. Herring is a former prosecutor in State and Federal Court. He will review your case and work with you to determine a plan to give you the best defense possible. He will file motions for you in court and he will determine how to effectively argue your case to convince the prosecutor or the judge that the case is weak and the charges should be dismissed. In many situations, Princeton Drug Crimes Lawyer Herring can assist you with seeking treatment if you feel you have a drug problem.

Mr. Herring handles drug cases in New Jersey Courts, including Middlesex, Somerset, Mercer, Monmouth, and Hunterdon counties. Mr. Herring will go to court with you and assist in getting you released from custody and explaining to the judge why you should not be held in jail. He can also assist in having a bail bondsman in court to facilitate an immediate release from custody. When you learn there is a New Jersey drug crime case filed against you, please contact Princeton Drug Crimes Lawyer Douglas Herring for a free consultation. You can call our office at 609-321-8060 or reach us by completing the form on our contact page or by sending an e-mail. We are available every day of the year, 24 hours a day.

“Connect with Your Defense.”