Drug Distribution Defense Lawyer in New Jersey
Drug distribution is a serious crime in New Jersey that can result in very
harsh penalties. The courts sentence drug distribution offenses based
on a variety of factors.
- Some of the things the court considers in these cases are:
- The type of drugs being distributed
- The quantity of drugs
- The location of the alleged sale of drugs
- The defendant's intent in the sale
- The defendant's role in the drug distribution operation.
For example, if you are alleged to have acted as a leader of a drug trafficking
operation, you could be facing a minimum 25 years to life term of incarceration.
We have successfully handled a number of first degree Leader of narcotics
trafficking network cases also involving first degree money laundering
(10 to 20 year state prison exposure), first degree conspiracy and first
degree distribution of CDS (typically cocaine or heroin in excess of 5
ounces). These are the types of cases also involving extensive use of
electronic data warrants (wiretaps). In these cases, we file motions to
suppress the electronic data warrants. We routinely handle multi-kilo
drug cases. Additionally, if you are alleged to have conducted a sale
of CDS for currency within 1,000 feet of a school area or within 500 feet
of public housing, your penalties will be enhanced as you will face minimum
mandatory STIP time on a third degree distribution of CDS within a 1000
feet of a school or second degree sentencing exposure of 5 to 10 years
on a distribution charge within 500 feet of public housing. Additionally,
if you have a prior criminal history involving a drug distribution conviction
as a felony or indictable offense, you will be subject to a mandatory
extended term. This extended term typically doubles the person's sentencing
exposure. So on a third degree offense where the sentencing range is 3
to 5 years, the extended term is between 5 and 10 years.
Did you lose your driver's license?
New Jersey law requires that drug offenders lose their driver's license
for at least six months upon conviction of many drug laws. If you are
facing this frustrating penalty, we will work to induce the Court to allow
you to keep your license so that you can continue to work, go to school,
etc. Talk with our firm for more information about this situation.
Different Drugs Merit Different Penalties
In New Jersey, the severity of drug distribution sentencing exposure can
be determined on the basis of the type of drug possessed and the quantity
of the type of drug possessed, the role of the defendant in the drug distribution
scheme and the person's prior criminal history. Give us the specifics
of your case so that we can properly advise you.
- Some of the drugs you may be arrested for in a distribution case include:
Defenses for Drug Distribution Charges
- At Clifford E. Lazzaro, P.C., we recognize that all drug crimes cases are
different in size and scope and that there is no one-size-fits-all solution
for defense. We have developed a collection of different defenses that
can be effective in cases of this nature. While we commit to customizing
your issue, we also believe that these defenses may have merit when we
argue your case.
- Search and Seizure Suppression Motions: Law enforcement officers are required
to follow all search and seizure rules when they are conducting a search
of your property. If they enter your property without your oral or written
consent or without a Court Authorized a Search Warrant, you may be able
to suppress some or all of the evidence seized as a result of your Fourth
Amendment United States Constitutional Right to be Free from Unreasonable
Search and Seizure.
- Probable Cause Motions: A Probable Cause Motion is filed by the attorney
soon after arrest and while the defendant is incarcerated. We try to get
your case dismissed or, in the alternative, we use the PC hearing as a
discovery tool to find out as much as possible about the State's case
against you. This is a pre-indictment tool used by experienced criminal
defense attorneys like Clifford E. Lazzaro. If a Court determines that
no probable cause exists after you were formally charged with indictable
offenses, the Court can dismiss all of the criminal charges against you.
- Miranda Hearing: Did police officers read you your Miranda Rights when
you were arrested? If they didn't, we may be able to suppress any
statements that you gave at the time of your arrest in violation of your
Fifth Amendment United States Constitutional Right Against Self Incrimination.
- Wade Hearing: This hearing is employed in a wide range of different criminal
offenses including drug cases, murder cases, aggravated sexual assault
cases, robbery cases, theft cases, etc. When an accused is identified
by a victim or an undercover police officer and the police engage in suggestive
identification procedures, a Wade hearing is conducted to suppress the
suggestive and tainted identification.
- Lack of proof of possession: If the state cannot prove that the drugs that
they found belonged to you, then you cannot be convicted of a drug offense.
If you have been arrested for drug distribution, don't hesitate to
contact us today for a free case evaluation!