Controlled Dangerous Substance (CDS, Drugs) Offenses

New Jersey Distribution, Possession of Controlled Dangerous Substance (CDS) Criminal Defense Trial Lawyer, Clifford E. Lazzaro, P.C.

Clifford E. Lazzaro, P.C. 4400 US Highway 9, Suite 1000, Freehold, NJ 07728 Phone: (732) 866-1600 Fax: (732) 848-6823 Email: celesquire@msn.com www.lazzarolaw.net By Appointment Only

The State of New Jersey is tough on drug offenses. A drug charge arrest in New Jersey can lead to serious criminal penalties. New Jersey law prohibits possessing or distributing a controlled dangerous substance (CDS).  

Attorney Clifford E. Lazzaro of Clifford E. Lazzaro, P.C. routinely handles drug cases throughout the Superior Courts of New Jersey and provides rigorous and high-quality representation to his clients. Mr. Lazzaro has an adept knowledge of the elements of a case that must be proven to prosecute a defendant of drug charges, and therefore understands the potential defenses to assert to disprove these elements or otherwise challenge the charges. A defense can be so convincing that it leads to downgraded charges with defendant’s sentence being reduced or downgraded. A solid defense strategy can even lead to the dismissal of your case altogether.  Some examples:  

• In a Monmouth County Superior Court case, the defendant was indicted and charged with two (2) counts of third degree possession of a controlled dangerous substance (cds-heroin and cocaine), two (2) counts of third degree possession of cds with the intent to distribute, two (2) counts of third degree possession of cds with the intent to distribute within 1,000 feet of a school and two (2) counts of second degree possession of cds with the intent to distribute within 500 feet of a public park. The defendant faced 50 years and received a plea offer from the State of 10 years with 51 months of parole ineligibility. The defendant was also subject to a mandatory extended term as a result of prior cds distribution convictions. After filing a motion to suppress evidence due to an illegal search and seizure, Mr. Lazzaro was able to negotiate a plea to one count of third degree possession of cds and two (2) motor vehicle offenses. The remainder of the counts were dismissed and the defendant was sentenced to a flat four (4) year term. State v. J.H. 

• In a Sommerset County Superior Court case, the defendant was indicted and charged with second-degree possession of marijuana with the intent to distribute after 23 pounds of marijuana were recovered from his vehicle’s trunk, during a consent search. The initial plea offer was 6 years  New Jersey State Prison with 30 months of parole ineligibility. Mr. Lazzaro was able to successfully have the defendant diverted to Drug Court. State v. A.B. 

Drug Possession Charges 

In New Jersey, drug possession offenses are charged under N.J.S.A. § 2C:35-10: 

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to: 

(1) A controlled dangerous substance or its analog, classified in Schedule I, II, III, or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed; 

(2) Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed. 

Degrees of Offenses for Drug Possession Charges: The severity of a drug possession charge in New Jersey depends on various factors, including the type and amount of drug involved. These can range from a Disorderly Persons offense for small amounts of marijuana to a second-degree offense for higher quantities of more dangerous drugs. 

Penalties for Drug Possession Charges: Penalties for drug possession can vary widely, from fines and probation to significant jail time, depending on the specifics of the case. 

First time illegal possession of any of the following illicit and prescription drugs can yield substantial fines and up to 5 years incarceration: 

• Cocaine (Rock and Powder) 
• Heroin 
• Crystal Meth 
• LSD/Acid 
• Ecstasy 
• GHB “The Date Rape Drug” 
• MDMA and Other Psychedelics and/or Hallucinogens 
• Ambien 
• Codeine 
• Klonopin 
• Ritalin 
• Vicodin 
• Percodan and Percocet 
• Valium 
• Tramadol 

Drug Distribution Charges 

New Jersey prosecutors take allegations of drug distribution very seriously. A drug distribution conviction can lead to far more serious penalties than a drug possession conviction. Under New Jersey law (N.J.S.A. § 2C:35-5):  

“it shall be unlawful for any person knowingly or purposely: 

(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or 

(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.” 

Drug distribution charges in New Jersey typically arise when an individual is accused of selling, delivering, or providing controlled substances illegally. This does not just include the act of selling; it also encompasses the manufacturing, distributing, or possessing with intent to distribute illegal drugs.  

The drug distribution charges can vary in severity depending on the type and quantity of the controlled substance, as well as the location of the alleged distribution. 

• It is a first degree crime where it involves five ounces or more of heroin, cocaine, MDMA or methamphetamine, 100 milligrams or more of LSD, or 25 pounds or more of marijuana. 

• It is a second degree crime to sell or distribute at least one half ounce but less than five ounces of heroin, cocaine, MDMA or methamphetamine, less than 100 milligrams of LSD, or at least five pounds but less than 25 pounds of marijuana, or more than 100 dosage units of a prescription legend drug. 

• Distribution is a third degree crime where it involves less than one half ounce of heroin, cocaine, MDMA or methamphetamine, at least one ounce but less than five pounds of marijuana, or at least 5 but less than 100 dosage units of a prescription legend drug. 

• Possession with intent to distribute less than one ounce of marijuana or less than five dosage units of a prescription legend drug is a fourth degree crime. 

Drug Offense in Sensitive Areas (School Zone, Public Housing) 

A drug offense is an even more serious crime in New Jersey if it occurs within a particular area—either within 1,000 feet of a school or 500 feet of public housing. Here is an overview of the two statutes concerning these crimes: 

Drug Offense Without 1,000 Feet of a School 

Under N.J.S.A. 2C:35-7, “1. a. Any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing, or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property or a school bus, or while on any school bus, is guilty of a crime of the third degree and shall, except as provided in N.J.S.2C:35-12, be sentenced by the court to a term of imprisonment. Where the violation involves less than one ounce of marijuana, the term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or one year, whichever is greater, during which the defendant shall be ineligible for parole. In all other cases, the term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or three years, whichever is greater, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $150,000 may also be imposed upon any conviction for a violation of this section.” 

Drug Offense With 500 Feet of Public Housing  

Under N.J.S.A. 2C:35-7.1, “1. a. Any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing, or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while in, on, or within 500 feet of the real property comprising a public housing facility, a public park, or a public building is guilty of a crime of the second degree, except that it is a crime of the third degree if the violation involved less than one ounce of marijuana.” 

A drug offense within 1,000 feet of a school or 500 of public housing is a very serious crime in New Jersey. Any person facing either charge should consult a criminal defense attorney immediately. 

Drug Induced Death Charge 

N.J.S.A. 2C:35-9 holds an individual criminally liable if their distribution of a controlled dangerous substance directly leads to someone else’s death. 

Avoiding Prosecution Through Condition Discharge or Pretrial Intervention 

There are two diversion programs that allow a defendant to avoid prosecution on a drug charge provided certain conditions are met. Eligibility is limited to individuals with no prior criminal record (i.e First Time Offender) who have never been diverted previously. The lawyers at The Law Offices of Jonathan F. Marshall are adapt in securing admission into both programs on behalf of clients. We can help you avoid a conviction through: 

• Conditional Discharge. The conditional discharge program allows an individual to avoid prosecution for a disorderly persons offense for possession of CDS or drug paraphernalia. An individual must complete one year of probation during which he or she must remain arrest free, perform community service, abstain from use of drugs and report as directed. If the program is successfully completed, the charge is dismissed. 

• Pretrial Intervention. Pretrial intervention is very similar to conditional discharge except it applies to indictable offenses. Third degree and fourth degree crimes are eligible for the program which typically ranges from one to three years. The standard conditions to completion are submission of clean urine tests, payment of all fines and penalties, performance of community service and reporting to probation as directed. Successful completion of the program results in dismissal of the original felony charge with any record of conviction. 

Drug Court  

Drug Court is a program that is utilized to avoid jail. . Another program that is available to a defendant is Drug Court. This is customarily only utilized by a defendant to avoid jail. The program involves treatment and intensive supervision that is designed to attack the root of the individual’s legal problems, namely, addiction to drugs or alcohol. 

Defenses to New Jersey Drug Charges 

An experienced New Jersey drug crimes attorney will evaluate the full circumstances surrounding the allegations against you to build a comprehensive, persuasive defense strategy tailored to your case. Common defenses to drug charges include: 

• Lack of probable cause for a traffic stop 
• Lack of a valid search warrant to search your property 
• Lack of probable cause to request a search of your vehicle 
• Lack of probable cause to search your person 
• The police failed to explain your right to refuse consent to search your vehicle 
• There was no actual or constructive drug possession 
• Evidence was not handled properly or was contaminated 

Contact an Experienced Atlantic County, Bergen County, Burlington County, Camden County, Essex County, Hudson County, Mercer County, Middlesex County, Monmouth County, Ocean County, Passaic County, Somerset County, Sussex County and Union County Distribution, Possession of Controlled Dangerous Substance (CDS) New Jersey Criminal Defense Trial Attorney, Clifford E. Lazzaro, P.C.

At Clifford E. Lazzaro P.C., our New Jersey drug defense lawyer, Clifford E. Lazzaro, has over 30 years of experience aggressively fighting for the rights of his clients. Clifford E. Lazzaro, a respected New Jersey drug crimes attorney, has successfully helped countless clients through the criminal process. If you or your family member was charged with a drug offense, he is ready to help. If you would like an initial consultation with a criminal defense lawyer at Clifford E. Lazzaro, P.C. please call 732-866-1600. 

Clifford E. Lazzaro, P.C. 4400 US Highway 9, Suite 1000, Freehold, NJ 07728 Phone: (732) 866-1600 Fax: (732) 848-6823 Email: celesquire@msn.com www.lazzarolaw.net By Appointment Only