In the state of New Jersey, a law enforcement officer does not need to catch you in the act of distributing drugs to put you under arrest. Rather, they may just need to find drugs on your person and have sufficient reason to believe that you had the intent to distribute them eventually. In short, possession with intent to distribute is indeed a punishable criminal offense. With that being said, please continue reading to learn what constitutes possession with intent to distribute and how an experienced Morris County drug crime lawyer at the Macri Law Firm can help you fight off these accusations and their repercussions.
Per New Jersey law, what constitutes possession with intent to distribute?
First of all, it may help if you understand the meaning behind the terms “possession” and “distribution” in the context of New Jersey criminal law. Possession means purposely and knowingly procuring, receiving, and maintaining a controlled substance. Then, distribution is the act of transferring or attempting to transfer a controlled substance from one party to another.
The law enforcement officer may consider the circumstantial evidence surrounding your stop to determine whether they should arrest you for possession with intent to distribute rather than drug possession. For example, they may notice that you possessed too large a quantity for just your personal use. Or, they may find that you packaged the controlled substances in a way suitable for transport, delivery, and sales to other parties. Lastly, they may discover a significant amount of cash on your person, which they may assume is from your previous sales.
How can I effectively deny these allegations made against me?
Depending on the type and amount of controlled substance you have been accused of possessing and distributing, you may be punished as high as the first degree. In the state of New Jersey, this may entail a prison sentence of 10 to 20 years and a fine of up to $200,000. This is why it is important to do everything possible to beat these allegations. Examples of possible defenses you may take read as follows:
- You may defend that you have a valid prescription from your doctor for the controlled substance in question.
- You may defend that the law enforcement officer conducted an illegal search and seizure at the time of your arrest.
- You may defend that the arresting officer does not have any material evidence that there was a controlled substance in your possession.
- You may claim that you were unaware that the controlled substance was in your possession, and thereby you had a lack of intent to possess and distribute it.
To give yourself enough time to develop a solid legal defense, please be sure to get in touch with a skilled Morris County, New Jersey criminal defense lawyer from the Macri Law Firm as soon as possible. We look forward to hearing from you.
