Distribution of Methamphetamine
Methamphetamine distribution, whether in Toms River, Seaside Heights, Jackson, or Lakewood, is a serious crime in New Jersey. It is a felony criminal offense to knowingly manufacture, distribute, dispense or possess methamphetamine with the intent to distribute. Methamphetamine is classified as a Schedule II drug under the Controlled Substances Act and is therefore illegal to possess in any manner. Depending on the amount of methamphetamine involved, a defendant may face a first, second or third degree crime at the Ocean County Superior Court in Toms River. Additionally, distribution of counterfeit methamphetamine is also an indictable offense under this statute. If you or a loved one has been arrested for methamphetamine distribution, call our former prosecutors and skilled defense lawyers for immediate assistance. Distributing methamphetamine is obviously a serious crime that requires the most experienced criminal lawyer you can secure. The methamphetamine distribution defense attorneys at our Toms River Office include former prosecutors and a team that has over 100 years in criminal practice in Ocean County. Call our office 24/7 for assistance arranging bail, with questions regarding a pending charge, or to discuss representation. Initial consultations with lawyers at the firm are free.Ocean County Methamphetamine Manufacturing, Distributing or Dispensing Charge
The law that applies to manufacturing or distributing methamphetamine is N.J.S.A. 2C:35-5. In order for the state to convict some of “manufacturing, distributing or dispensing” methamphetamine under this law, the County Prosecutor must prove the following elements beyond a reasonable doubt:
- That the defendant possessed a controlled dangerous substance (i.e. methamphetamine) or its analog;
- That the defendant either manufactured, dispensed or distributed the methamphetamine; and
- That the defendant did so knowingly or purposely.
N.J.S.A. 2C:35-5(a)(2) also provides statutory guidelines for “possession with intent to distribute” for individuals not caught in the actual act of distributing methamphetamine. Under this subsection, the State must prove that the defendant possessed methamphetamine or at least had it in his/her control, knew that it was methamphetamine, and had an intent to distribute it. In terms of the requirement of “possession”, this requirement is met if the accused actually or constructively possessed methamphetamine. Actual possession typically involves having physical custody, control or contact of an object. While, constructive possession involves no physical custody of the methamphetamine, but instead defendant’s knowledge of the methamphetamine and the ability to control it.
It is a crime of the first degree if the methamphetamine, or its analog, or phenyl-2-propanone (P2P), is in a quantity of five (5) ounces or more, including any adulterants or dilutants.It is a crime of the second degree if the methamphetamine, or its analog, or phenyl-2-propanone (P2P), is in a quantity of one-half (1/2) ounce or more but less than five (5) ounces including any adulterants or dilutants.Finally, it is a crime of the third degree if the methamphetamine, or its analog, or phenyl-2-propanone (P2P), is in a quantity of less than one-half (1/2) ounce including any adulterants or dilutants.
A conviction for a first degree crime carries a presumption of incarceration and that term can be anywhere between ten (10) and twenty (20) years along with a fine up to $300,000.00. A conviction for a second degree crime also carries with it a presumption of incarceration and that term can range from five (5) to ten (10) years as well as a fine up to $150,000.00. A conviction of a third degree offense carries a presumption of non-incarceration, but can carry a term of incarceration up between three (3) and five (5) years along with a $75,000.00. If the methamphetamine charge is of the third degree and the accused has no prior indictable conviction(s), the defendant is eligible for a diversionary program called Pre-Trial Intervention. If the defendant is admitted into the Pre-Trial Intervention Program, it may present the defendant with the opportunity to walk away from the incident without a conviction provided he/she successfully completes a period of suspension and remains drug free.Jackson NJ Methamphetamine Distribution Lawyer
If you or a loved one was arrested and charged with possession with intent to distribute methamphetamine, call a methamphetamine distribution lawyer at Marshall Bonus Proetta & Oliver for the assistance you need. Our attorneys represent clients charged with intent to distribute methamphetamine in Brick, Manchester, Berkeley,Beachwood, Little Egg Harbor, Lacey and other towns in the region. We are prepared to put our 100 plus years of knowledge and experience to work for you in order to secure the very best outcome of your charge. Call us now for the attention and representation you deserve.