Distribution of any form of illegal drug is a dicey activity and cocaine certainly is something that attracts attention of police and prosecutors. Indeed, it is unlawful for a person to purposely or knowingly distribute or have under his control with the intent to distribute any form of cocaine whether it is in the form of crack (a.k.a. rock) or powder. The severity of this charge depends upon the amount of cocaine distributed or possessed with the intention of selling. This page of our website outlines the important points you need to know if you or your loved one has been arrested for distribution of cocaine in the first degree, second degree or third degree. Our former prosecutors are ready to provide further assistance at 973-710-1520 and initial consultation are always without charge. If you have been charged with distributing cocaine, possessing cocaine, possessing heroin or possessing heroin with the intent to distribute, the Law Offices of Marshall, Bonus, Proetta & Oliver can help. We have been representing clients charged with distributing cocaine in Essex County, in towns like Belleville, East Orange, Bloomfield, Cedar Grove, Fairfield, Nutley, Maplewood and Livingston for over a decade.
South Orange NJ Cocaine Distribution Lawyers
Successful prosecution for possession with intent to distribute cocaine, as compared to possession for personal use, requires that the state show: (1) you purposely or knowingly; (2) distributed or possess with the intent to distribute/sell; and (3) a substance that was cocaine. A person acts “purposely” when it is their intention, or conscious object, to act in a certain manner. A person acts “knowingly” when they are aware of the nature of their actions. The term “distribution” is a broad concept that captures actions beyond the sale of narcotics. Under 2c:35-2, distribution is the giving of a substance to another individual and there is no requirement that the cocaine be “sold”; an individual does not have to receive anything including money, property or other consideration in order for someone to distribute. All that has to transpire is the conveyance of the drugs to another person by the accused. Sometimes, however, there is no distribute but the state nevertheless seeks to prosecute for “intent to sell” as it is also a violation of 2C:35-5 to possess cocaine with the intent distribute or sell it later. Circumstances that will suggest an intent to distribute include, but are not limited to, quantity possessed, quality, location, time of day, packaging of the cocaine, the amount and denomination of any money also discovered. If the prosecutor is able to prove the above elements beyond a reasonable doubt, then a variety of penalties are triggered based on the quantity of cocaine involved and whether the activity was in a protected area like a school zone or public park.
Possession With Intent to Distribute Cocaine Attorneys in Montclair NJ
Under 2C:35-5(b)(1), a person found guilty of distribution of cocaine in the amount of five (5) ounces or more is guilty of a crime of the first degree. The individual will face a prison term of 10-20 years with a period of parole ineligibility/mandatory minimum sentence of one-third to one-half of the sentence imposed. A person convicted of distributing cocaine in an amount of less than five (5) ounces but more than a half ounce is guilty of a crime in the second degree and faces 5-10 years in prison. A person convicted of possession with intent to distribute less than a half ounce of cocaine is guilty of a third degree crime and subject to up to 5 years in prison. These terms of imprisonment are enhanced and carry additional stipulations, principally mandatory minimum terms of parole ineligibility when the 2C:35-5 violations involves distribution in a school zone or intent to distribute in a public park/housing project.
Bloomfield NJ Cocaine Distribution Attorneys
As seen from the above discussion, any individual that is charged with distribution of cocaine faces significant prison time. and fines. Sentences can vary based on aggravating and mitigating factors but there is always the possibility of a state prison sentence. One way to provide yourself with such an outcome is Pretrial Intervention in third degree cases. Absent eligibility for this program, your best move is to research and find the best attorney you can afford. Our attorneys welcome the opportunity to speak to you in this regard at 973-710-1520. Our Newark Office is also conveniently located just a few blocks from the Essex County Superior Court should wish to meet in person.