The state of New Jersey has established harsh penalties for crimes involving controlled dangerous substances, otherwise known as illegal drugs. While the laws prohibiting simple possession of such substances are relaxing in some situations, drug distribution prohibitions are enforced as stringent as ever in Middlesex County.
If you are facing charges involving drug distribution, it could be wise to consult experienced legal counsel as soon as possible to help preserve evidence and avoid taking actions that could jeopardize your case. A skilled Middlesex County drug distribution lawyer could advise you how to protect your rights and work with you to obtain a strong drug defense for your case.
Drug Classifications in New JerseyNew Jersey law classifies controlled substances into five different schedules depending on their potential for abuse. Schedule I drugs are considered to have the greatest potential for illegal use or abuse due to their addictive qualities and little likelihood of a legitimate medical use, while those on Schedule V are frequently prescribed by doctors for medical purposes and have less potential for abuse.
Not surprisingly, the controlled dangerous substances that are most often abused are listed on Schedules I and II. For instance, drugs such as LSD, heroin, MDMA (ecstasy), and Quaaludes are all drugs listed on Schedule I.
Categorizing Schedule II DrugsControlled substances that have a great potential for abuse but are nevertheless frequently prescribed for medical purposes are listed on Schedule II. Individuals using these substances can easily become dependent either physically or psychologically, which is why these drugs are considered dangerous despite their usefulness.
Examples of substances on Schedule II include morphine, oxycodone, amphetamines, fentanyl, methadone, cocaine, methylphenidate (Ritalin), and methamphetamine.
How Do People Typically Obtain Narcotics?Individuals may be prescribed a substance such as oxycodone for pain relief, develop an addiction, and then seek illegal sources of these drugs when they can no longer obtain prescriptions. Other times people may seek to misuse substances such as Adderall or Ritalin that were presumably prescribed to treat legitimate conditions.
Defining Penalties for Drug DistributionThe severity of a drug distribution offense is dependent on a number of different circumstances, the most important of which is the nature of the controlled substance that was allegedly distributed. Other factors that may play a role include the amount of the substance at issue, whether a minor was involved in the distribution scheme, and whether the distribution occurred in a protected location such as on or near school property.
What is Statutory Prohibition?Distributing drugs is considered a criminal offense equivalent to manufacturing drugs or possessing drugs with the intent to distribute in Middlesex County. As a Middlesex County drug distribution lawyer knows, it a violation to "manufacture, distribute or dispense" any controlled substances, or any counterfeit or analog drug.
The statute further specifies that in order to be convicted on such a charge, an individual must undertake the distribution knowingly or purposely. Therefore, in some situations, it could be argued that the individual charged with drug distribution was unaware of the nature of the substance or the means of distribution, and therefore did not knowingly engage in distribution.
Benefit of Contacting a Distribution AttorneyAnyone charged with drug distribution or any other crime is considered innocent until the prosecution proves all elements of the offense. So, there are many opportunities to find places where an argument could be raised contrary to the prosecution’s case. In addition, mistakes in procedure can also often provide grounds for defense.
A Middlesex County drug distribution lawyer who knows how courts have ruled in similar circumstances may be in the best position to build the right defensive strategy for each individual case. If you are facing drug distribution charges in Middlesex County, call today to put a dedicated attorney’s experience to work for you.