Conspiracy To Distribute CDS In Essex County NJ
One of the more frequently encountered crimes at the Essex County Superior Court is distribution and conspiracy to distribute controlled dangerous substances (“CDS”). A large percentage of these charges involve first degree or second degree distribution, and clearly must be taken very seriously. At the Law Offices of Jonathan F. Marshall, we offer a team of attorneys that comprise one of the largest defense firms in the state and many on this staff are former prosecutors. Call us 24/7 for immediate assistance at 973-710-1520. A Newark NJ Drug Distribution Defense Attorney will conduct a complete review of your heroin, marijuana, MDNA/Molly or other form of CDS case and advise us how we can go about getting you the best result in your conspiracy to manufacture, sell or distribute these drugs.
What is Conspiracy to Distribute Drugs in New Jersey?
Conspiring to distribute drugs is a different and separate offense from actual distribution of drugs charges. For a conspiracy to distribute drugs, the County Prosecutor must prove three things. First, defendant must act with the purpose of promoting or facilitating the commission of drug distribution. Second, there must be an agreement between the defendant and at least one other person to commit such a crime. Third, it must be an agreement for defendant or one of the other persons that they or one of them will commit, attempt or solicit the commission of the distribution or an agreement to aid such other person or persons in planning, committing, attempting or soliciting the drug distribution. Absent proof of all of these acts, the State will not be able to legal convict an individual of conspiracy to distribute drugs.
Can I Abandon a Conspiracy to Distribute Drugs?
Yes. Renunciation of purpose is an affirmative defense to a charge of conspiracy. Under this defense, the defendant’s renunciation must consist of informing the authorities of the existence of the conspiracy and his participation therein and of thwarting the commission of any offense in furtherance of the conspiracy. Most importantly, this renunciation must have occurred voluntarily and completely. Conversely, mere abandonment is not a defense to a charge of conspiracy.
What is an Agreement for a Conspiracy?
In order to obtain a conviction an agreement must be proved on the part of the defendant with another person or persons. The defendant must agree that he or she or the one with whom he or she agrees will commit, solicit or attempt the commission of the crime, or the defendant must agree to aid in the planning, attempting, soliciting or committing of the offense. The agreement neither needs to be express nor must it be made by all the participants at the same time. From the standpoint of an individual defendant, the scope of the conspiracies in terms of the parties is limited to those persons with whom he or she agreed, except if he or she knows that a person with whom he or she has agreed has conspired with others to commit the same crime, he or she is also guilty of conspiring with those others to commit that crime.
Can I Go to Jail if Convicted of Conspiracy?
Yes. As will all indictable and non-indictable crimes, prison is always a possibility. In the realm of drug distribution conspiracies, the possibility of jail is even more greater. Conspiracies to commit crimes of the first degree constitute crimes of the second degree. Moreover, conspiracies to commit crimes of the second, third, and fourth degree are themselves, respectively, crimes of the second, third, and fourth degree. Therefore, depending on the circumstances of your underlying drug distribution charge, you could be facing up to ten (10) years in a New Jersey Penitentiary, along with significant fines.
Newark NJ Defense Attorneys for Conspiracy to Manufacture or Sell Drugs Charges
Some of the highest exposure cases that our firm handles are drug distribution cases, especially when they are packaged with drug kingpin or maintaining a CDS production facility charges. Cases of this nature are not for the inexperience and require seasoned defense skills. The attorneys are our firm possess over 100 years of collective experience, much of which was obtained serving as prosecutors. We have even previously served in the Essex County Prosecutor’s Officer. Let us put our knowledge to work for you. Call us now at 973-710-1520.