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Illegal Narcotics, CDS, and Drug Offenses Are Winnable.
In New Jersey the “Comprehensive Drug Reform Act of 1987”, codified under N.J.S.A. 2C:35-1, is the most difficult and comprehensive and confusing of all the criminal statues codified under Title 2C.In addition, the case law which interprets Title 35 is likewise difficult and comprehensive and therefore in order for a criminal attorney to intelligently and vigorously represent an individual charged with a Title 35 drug offense the NJ criminal defense attorney must have four things to successfully represent an individual charged with drug offenses.First, the attorney must have knowledge of the law; second, experience in applying that law in any given situation; third, trial experience if the matter ultimately goes to trial; and, fourth, the attorney to think outside the box, using his creative skills, to “pull-the-rabbit” out of the hat and figure out really what happened in the case, and develop and pursue all of the viable defenses for the defendant.
Under Title 35 any drugs listed in Schedules, I, II, III, IV, and V, are illegal to posses, dispense, distribute or intent to distribute in New Jersey without a valid proscription. Any person that distributes, dispenses or intents to distribute any CDS over five ounces, including any cutting substances is guilty of a crime of the first degree.Upon conviction the sentence is ten to 20 years with a period of parole ineligibility of between one-third and one-half the sentence.In quantities of less than five ounces but more than one-half ounce the crime is a second degree crime which carries five to ten years with the same periods of parole ineligibility required as the first degree crime.Lastly, in quantities of less than one-half ounce is a crime of the third degree. A leader of a Narcotics Trafficking Network (2C:35-1), is one who intends with two or more people, to distribute, or conspiracies to distribute or does distribute any CDS listed in Schedule I and II, and is a crime of the first degree and upon conviction or plea must served 25 years in prison before he or she is eligible for parole. Likewise some who engages in maintaining or operating a CDS production facility is guilty of a crime of the first degree and upon conviction that person must serve between 10 to 20 years with a period of parole ineligibility of between one-third to one-half of the sentence without parole. Most simple possession charges are no higher than third-degree crimes which carry three to five year stat prison sentence. However, rarely in New Jersey will the county prosecutor offices charge a person with simple possession?In the majority of cases if the person found to have in his or her home, vehicle or person’s a controlled dangerous substance (CDS), and the quantity of drugs is individually packaged in small amounts over five vials or bags, that person will be charged with a 2C:35-5 offense, possession with intent to distribute.Of course the jail exposure for intent to distribute case is much more than simple possession, and even higher if the defendant is found to have possessed with intent to distribute or distribute within 1000 feet of a school or 500 feet from a public park, 2C:35-7. In reality most users involved the use of illegal use of narcotics will purchase for their own consumption a number of bags or vials at one time in order to have a sufficient supply for their own addiction. Therefore, the battle on many of the smaller CDS cases is convincing the prosecutor that this is not a seller but simply a user, who purchased a quantity of drugs which was for his or her own consumption.In that case it is important that the defendant retain an expert witness who will testify of the habits and customs of drug users and the fact that they will most likely purchase large quantities of illegal drugs at one time for their own personal use. In most of the cases in which the defendant obtains a dismissal of his or her drug offense, or is offered a plea agreement which is extremely favorable to the defendant, the method of obtaining these types of results rests with the skill of the criminal defense attorney handling such a case.More often than not, favorable results including dismissals occur with the trial court granting a motion to suppress evidence, in which the drugs obtained as evidence are not admissible at trial.If that happens the case is thrown out on the basis of the suppression motion. For a further discussion on how to beat the drug case go to:
If the matter goes to trial there are an abundant of trial issues that can make a difference between a guilty and not guilty verdict, including issues regarding chain of custody, weight and quantity, credibility of the offices involved in the investigation and arrest, credibility of defendant if he or she decides to testify, possession issues as to whether there was legal direct or constructive by the defendant, whether the offense actually occurred within a school zone or park, expert witness testimony, to name a few. Also, pursuant to 2C:35-19 the State can prove the, composition, quality and quantity of the substance being submitted into evidence, through a certified laboratory report, without the testimony of the chemists.Therefore, it is essential that a competent defense attorney object to such a report prior to trial so that a proper cross-examination of the laboratory technician is done. Lastly, some defendants qualify for the drug court program pursuant to 2C:35-14.However, I would recommend that a defendant not enter the program unless there are no other alternatives, including no trial issues.First, the program lasts up to five years. Second, for most people it is an extremely difficult program, third, as a condition to the program most participates will have to spend up to one year in an inpatient drug rehabilitation program, and four, because the defendant must first plead guilt to the offense if the defendant is discharged from the program the defendant probably will be sent to prison for the charge in which he or she plead guilty to.
For more information on how to beat the smell or raw or burnt marijunia in the motor vehicle case, go to one of my blog articles on the subject at: