Distribution of a CDS in New Jersey
You may feel like your world is crashing down around you following an arrest for selling a controlled dangerous substance (CDS) in Hackensack, NJ or anywhere else in the state. Your freedom, your future, and your livelihood are all on the line. The next decisions you make will prove critical in determining the ultimate outcome in this highly serious legal matter.
If you’ve been arrested for drug distribution, your immediate move should be to contact Hackensack, NJ criminal defense attorney Frank T. Luciano. He has guided countless people through seemingly hopeless drug charges in nearly 40 years of practicing law. Mr. Luciano will answer your questions, ease your concerns and craft a defense strategy that will lead to the best possible legal outcome, whether that be going to trial or negotiating a favorable plea bargain.
Investigate Your CDS Distribution Defense Options
A CDS is a drug or chemical that is regulated by the government. They are categorized into Schedule I, II, III, IV and V drugs based on their potential for abuse. Drugs that would be classified as controlled dangerous substances include, but are not limited to:
There’s a good chance that you have a stronger case than you think. Don’t allow yourself to be forced into any legal decision if it’s not necessary. If you’re facing a CDS distribution charge in Hackensack, Fort Lee or anywhere else in New Jersey, you owe it to yourself and your family to speak to a highly qualified attorney to explore your legal options. The prosecution will attempt to bully you into making a hasty decision, often in the form of a plea bargain that may not be your best option.
You Can Be Charged Even if You Weren’t Caught Directly Selling
The fact that the police did not catch you in a direct drug transaction does not mean that they have no case. Situations where you are caught with an amount of drugs that would be too much for personal use, small baggies and/or large amounts of cash could lead to a charge. Circumstantial evidence is often enough to warrant a drug distribution charge, and possession with intent to distribute is governed under the same legal statute.
The Specific Drug and the Amount Will Impact the Degree of Your Charge
Selling any Schedule I, II, III or IV drug or possessing it with the intent to distribute will either be treated as a fourth-degree crime (less than one ounce) or a third-degree crime (between one ounce and five ounces). The sale of five – 25 pounds is a second-degree crime and anything over 25 pounds is considered a first-degree offense. However, selling heroin, methamphetamine or cocaine in an amount exceeding five ounces is also a first-degree crime. Mandatory minimum sentences may apply, and the penalties for these offenses increase with the degree of the alleged crime.
You May Not Be Eligible for Pre-Trial Intervention
Even if this is your first offense, diversionary programs like pre-trial intervention and drug court are not offered to drug offenders who have been charged with drug distribution or possession with the intent to distribute. You will need a savvy attorney to negotiate on your behalf if you are hoping to be eligible for a diversionary program.
You Need Frank T. Luciano’s Help
To protect your interest, you need to hire a criminal lawyer who has the best experiences with drug related cases. Frank T. Luciano, Esq., has been defending individuals in drug related cases for over 40 years. He has defended hundreds and hundreds of people charged with drug crimes. He is also a lifetime member of National Organization for the Reformation of Marijuana Law’s (NORML) Legal Committee and a longtime member of the National Association of Criminal Defense Lawyers. To better appreciate his unyielding commitment to his client and his never ending quest to obtain the best possible result in your drug case, visit the Testimonial Section of this website.