Drugs abuse does not just affect the individual user but it tends to affect society as a whole. One of the main reasons for that is because drug use tends to lead to other crimes. Whether it be a theft crime to fund the habit or an assaultive crime as result of using the drugs. That is why New Jersey as a whole, including Somerset and Hunterdon County aggressively investigates and prosecutes anyone who is alleged to be distributing drugs. If you have been arrested and charged with distributing drugs, possessing drugs with the intent to distribute or manufacturing drugs in New Jersey it is crucial that you speak to an experienced criminal defense attorney about your options. These are serious charges and if not handled properly could end up landing a Defendant behind bars for up to twenty (20) years. In addition, based on the new bail guidelines, a Defendant alleged to have been distributing drugs in Hunterdon or Somerset County could end up being detained in the local county jail, without bail, pending trial. However, in order to do so, the prosecution would need to file for and be successful at a Detention Hearing. These hearings can and always should be contested. See below for more information on detention hearings. To speak to one of the criminal defense attorneys at Keith Oliver Criminal Law about your options then please contact us at (908) 533-1064.
Consult with a Hunterdon County Drug Distribution Defense Attorney Today
The criminal defense attorneys at Keith Oliver Criminal Law have been defending clients accused of distributing drugs like heroin, cocaine, Molly, marijuana, Xanax, Mushrooms and Oxycontin in towns throughout New Jersey for the better part of the last decade. We are well aware of what a criminal conviction for distributing drugs let alone jail sentence can do to one’s life. If you would like to come into our office for a free face to face consultation with one of our attorneys then please contact us at (908) 533-1064. We can go over the specific facts of your case and formulate a game plan that works best to suit your needs, whether that be a trial, suppression hearing or negotiating a favorable plea agreement. Our criminal defense lawyers serve all of Somerset and Hunterdon County, including towns like Clinton, Flemington, Somerville, Raritan, Readington, Bridgewater, South Bound Brook, North Plainfield, Bound Brook and Bernards. As always, our initial consultations are free of costs. So if you have any questions whatsoever, please do not hesitate to contact us.
What To Know about Drug Distribution Case in New Jersey: NJSA 2C:35-5
All drug distribution charges in New Jersey will be governed by NJSA 2C:35-5. So whether you have been alleged to have distributed drugs, possessed them with the intent to distribute or manufactured them, they will all be governed by NJSA 2C:35-5. Furthermore, all drug distribution charges will be considered felony offenses, regardless of the location (i.e. park / school zone) or the type of drug in question. What degree a Defendant is actually charged with will depend on the type and quantity of drug in question. Here is a chart that will breakdown not only the different degrees but the potential penalties as well.
Breaking Down the Different Potential Degrees of Drug Distribution in NJ
| Type of Drug | 1st Degree | 2nd Degree | 3rd Degree | 4th Degree |
| Cocaine / Heroin / MDMA / Meth | More than 5 oz. | More than ½ oz but less than 5 oz. | Less than ½ oz. | N/A |
| Marijuana | More than 25 lb. or 50 Plants | More than 5 lb. but less than 25 lb. or less than 50 Plants | More than 1 oz but less than 5 lb. | Less than 1 oz |
Mandatory Jail For Possession CDS with the Intent to Distribute Cases NJ?
| Type of Drug | 1st Degree | 2nd Degree | 3rd Degree | 4th Degree |
| Cocaine / Heroin |
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| N/A |
| Marijuana |
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Charged with Distributing Drugs in a School Zone in Somerset County
If a Defendant is alleged to have distributed the drug within 500 feet of a public park or within 1000 feet of a school zone the above charts are not applicable. Those are separate and apart offenses. They will be charged in addition to the underlying distribution charge. For more information on those offenses please click the link or contact our office at (908) 533-1064 for a consultation.
Common Drug Distribution Charges in Hunterdon County:
- Cocaine Distribution Charges
- Heroin Distribution Offenses
- Possession of Marijuana with the Intent to Distribute Charge
- Molly Distribution Charges
How to Post Bail on a Drug Distribution Case in Somerset County?
It is no secret that New Jersey Prosecutor’s take drug distribution cases very seriously. This is typical immediately apparent the moment that an individual gets arrested on suspicion of distributing drugs. The vast majority of drug distribution cases, including possession of CDS with the intent to distribute cases, will be issued on a Complaint-Warrant and thus be subject to to Bail Reform. That means that the individual must be taken to the County Jail for at least 24-48 hours so that Pretrial Services can conduct their risk assessment of the individual. This risk assessment will be used to determine whether or not the prosecution will be seeking to file a formal detention motion. If a formal detention motion is filed, that means that they will be attempting to keep the individual in the County jail, without bail, pending trial. If the motion is filed, then a formal hearing will happen about five days after the individual’s Central Judicial Processing Hearing. At this hearing the Judge will hear arguments from both sides and then it will be up to them to conclude whether the individual can be released on bail. For more information on detention hearings in Somerset County, please click the link.
Can the Police Seize My Car for Drug Distribution Allegations?
If the police believe that an item was either used in the commission of the crime or was the fruits of the illegal activity, then they would have the authority to seize the items. These types of situation occur very frequently in drug distribution and possession of cds with the intent to distribute cases. Some of the most common items we see being seized in New Jersey include: motor vehicles, houses, bank accounts, jewelry and boats. If the items are seized, that doesn’t give them the authority to automatically forfeit the items. In order for the items to be actually forfeited, the prosecution must file a forfeiture motion. These hearings are separate and apart from the criminal case and will be litigated in a separate Court proceeding. These hearings can and always be contested. It is important to note, that these hearings tend to be stayed by the defense team pending the outcome of the criminal case for strategic reasons.
Speak to a Drug Distribution Defense Attorney in Somerville Today
Being charged with a criminal offense can be nerve wracking. However, hiring the right attorney, one that not only knows how to defend these charges but also knows the specific courts as well can go a long way to alleviating the stress. If you have been accused of distributing marijuana, possessing heroin, possessing cocaine with the intent to distribute, being the leader of a drug trafficking network or possessing prescription drugs in New Jersey, we can help. We serve all of Hunterdon and Somerset County, including towns like Hillsborough, Franklin, Bedminster, Bernards, Montgomery, Somerville, Watchung and Clinton. For a free consultation today, please contact us at (908) 533-1064.