A drug offense refers to the possession, distribution, use or transportation of any illegal drug. Drug offense can result in serious criminal consequences based upon quantity, intent to sell or distribute and several other factors. Drug offenses can be prosecuted in either the state or federal courts. Charges and penalties for drug offenses often include attending a drug diversionary program, probation, heavy fines and jail time.
Drug offenses normally fall into three categories
- Drug Possession
- Drug Possession with Intent to Distribute
- Drug Distribution
Possession is the purposeful and knowing constructive or actual possession of an illegal drug. The penalties for the possession of marijuana and paraphernalia can be up to 6-18 months prison time and a fine of $500-$15,000, loss of your driver’s license and drug rehabilitation .
For possession of narcotics or controlled substances, you may face 3-5 years in prison, a fine of $1,000-25,000, loss of your driver’s license, mandatory drug education and rehabilitation.
Drug Possession with Intent to Distribute:
Possession with intent to distribute is the constructive or actual possession of an illegal drug with intent to sell or share it. If you are facing charges for attempting to sell or selling less than 5 ounce of cocaine, then you will face 5-10 years in prison and $150,000 in fines. If you are facing charges for attempting to sell or selling greater than one ounce of any other controlled substance, then you will face charges that can carry up to 10 years in prison and $150,000 in fines.
Distribution is the purposeful and knowing sale or sharing of an illegal drug with another individual or individuals. The penalties for drug distribution can be severe, and are the same as those that result from a conviction of drug possession with intent to distribute.
The Federal and local authorities in New Jersey spend significant energy arresting and prosecuting those they suspect are using and distributing illegal narcotics. These charges are often enhanced if the prosecution alleges that the offense took place near a school, park or public housing complex. If you have been arrested or charged with drug related offenses you need to speak with Joel Silberman as soon as possible.
Defenses in a Drug Offense Case
- Constitutional Defenses – Illegal Search and Seizure
- Prosecution has insufficient evidence to satisfy their burden
- Lawful Possession – Prescription
Sentencing Consequences in a Drug Offense
- Probation to Imprisonment
- In or Out Patient Drug Treatment Programs
- Forfeiture of Money Seized
- Loss of Driving Privileges
If you or a loved one was charged with a drug-related offense in New Jersey , then contact The Law Offices of Joel Silberman, LLC immediately. Our experienced and tough NJ drug defense lawyers will defend your rights and fight to keep you out of jail. Call 201-420-1913 now!