New Jersey Drug Defense Attorney for Possession and Intent to Sell

In some cases, the State may be unable to prove that the defendant possessed the drugs at issue. In many instances, the State will seek to prove that a defendant possessed drugs even though the defendant did not have physical control over the drugs at issue. A defendant can be found guilty of possession of drugs if that person is found to have had constructive possession of drugs, meaning that the defendant was aware of the presence of the drugs and had both the intent and the ability to exercise physical control or dominion over the object at some time. If the State seeks to prove that a defendant constructively possessed drugs, a skilled lawyer may be able to raise reasonable doubt as to whether the defendant was able to exercise control over the drugs.

In other situations, a Drug Lawyer may be able to prevent the State from establishing that the defendant was aware of the possession of a drug. For example, the Supreme Court of New Jersey has held that even if a defendant is aware that he is in possession of contraband, if the defendant is not shown to have known that he possessed drugs, the defendant cannot properly be convicted of possession of a controlled dangerous substance. Scott Gorman will review the evidence of your case and he will use his training and experience to assess the weaknesses of the State’s case and devise an effective defense strategy.

New Jersey’s drug crime laws are different from other states’ in that they do not distinguish between sale and intent to sell. In other words, a conviction for intent to sell carries the same penalties as the actual sale of drugs. With intent to sell minimally constituting a third-degree indictable offense, individuals charged with intent to sell must defend themselves effectively in order to avoid substantial fines and long-term imprisonment.

Facing Drug Possession Conviction

In some cases, the State may be unable to prove that the defendant possessed the drugs at issue. In many instances, the State will seek to prove that a defendant possessed drugs even though the defendant did not have physical control over the drugs at issue. A defendant can be found guilty of possession of drugs if that person is found to have had constructive possession of drugs, meaning that the defendant was aware of the presence of the drugs and had both the intent and the ability to exercise physical control or dominion over the object at some time. If the State seeks to prove that a defendant constructively possessed drugs, a skilled lawyer may be able to raise reasonable doubt as to whether the defendant was able to exercise control over the drugs.

In other situations, a Drug Lawyer may be able to prevent the State from establishing that the defendant was aware of the possession of a drug. For example, the Supreme Court of New Jersey has held that even if a defendant is aware that he is in possession of contraband, if the defendant is not shown to have known that he possessed drugs, the defendant cannot properly be convicted of possession of a controlled dangerous substance. Scott Gorman will review the evidence of your case and he will use his training and experience to assess the weaknesses of the State’s case and devise an effective defense strategy.

Intent to Sell (or Intent to Distribute) a Controlled Dangerous Substance

The crime of intent to sell (or intent to distribute) is outlined in Section 2C:35-5 of the New Jersey Code of Criminal Justice:

“[I]t shall be unlawful for any person knowingly or purposely: (1) . . . to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or (2) . . . possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.”

“Controlled dangerous substances” include all drugs listed on Schedule I through Schedule V, with the only exception to criminal culpability being for lawful distribution of prescription medications. At the Gorman Law Firm, we represent individuals throughout New Jersey facing charges for intent to sell:

• Cocaine
• Heroin
• Lysergic acid diethylamide (LSD)
• Marijuana
• Methamphetamine
• All other illegal drugs

Criminal Penalties for Intent to Sell in New Jersey

As with other drug crimes, the penalties for intent to sell in New Jersey vary depending upon the specific drug and quantity involved. Examples of penalties for some of the more-common intent-to-sell charges include:

• Intent to sell five or more ounces of heroin or cocaine – 10 or more years of imprisonment (with a mandatory minimum term of one-third to one-half of the sentence imposed) and up to a $500,000 fine
• Intent to sell at least one-half ounce but less than five ounces of heroin or cocaine – Five to 10 years of imprisonment and up to a $150,000 fine
• Intent to sell less than one-half ounce of heroin or cocaine – Three to five years of imprisonment and a $75,000 fine
• Intent to sell five to 25 pounds of marijuana (or 10 to 49 plants) – Five to 10 years of imprisonment and up to a $150,000 fine
• Intent to sell at least one ounce but less than five pounds of marijuana – Three to five years of imprisonment and a $25,000 fine
• Intent to sell less than one ounce of marijuana – Up to 18 months of imprisonment and a $10,000 fine

Experienced Legal Defense for Individuals Charged with Intent to Sell in New Jersey

If you have been charged with intent to sell, you are facing prison time; and, if you do not take effective measures to protect yourself, you will almost certainly be convicted at trial. Defense attorney Scott Gorman has extensive experience representing individuals charged with intent to sell and other drug crimes. He can help you avoid unnecessary consequences as a result of your arrest, but only if you get in touch. To discuss your case with Scott in a free and confidential consultation, call the Gorman Law Firm at 201-489-9199 or submit a request online now.