Intent to Distribute CDS and Distribution

South Jersey Intent to Distribute CDS Attorneys

Drug Distribution Lawyers Defending Clients in Burlington County, Camden County, & Gloucester County, NJ

If you have been arrested for possession with intent to distribute drugs in South Jersey, it is important to understand the legal nuances of New Jersey drug distribution law. Often, a charge for possession of CDS with intent to distribute will come as a complete surprise because you didn’t actually sell any drugs. According the N.J.S.A. 2C:35-5, a person only needs to transfer marijuana, cocaine, heroin, or other controlled dangerous substance to another person to commit a violation of this statute. In other words, merely dispensing a drug to friends is considered drug distribution in New Jersey. Similarly, people often find themselves charged with intent to distribute CDS because of the way the drugs they had in their possession were packaged. For instance, police will use the fact that the drugs were in separate small baggies to justify charges for intent to distribute CDS.

Criminal defense attorney William C. Fay and the legal team at our firm use years of experience to investigate drug distribution cases against our clients. As a former Deputy Attorney General for the New Jersey Attorney General’s Office, Mr. Fay understands exactly how to investigate narcotics operations on behalf of the State and he knows how to undermine the evidence against his clients. Now, he uses this valuable knowledge to help us identify police errors that we can use against the prosecution. Mr. Fay’s years of experience in criminal justice makes him a formidable opponent inside and outside of the court room. If you or a loved one has been charged with intent to distribute CDS or drug distribution in Cherry Hill, Berlin, Pine Hill, Bellmawr, Stratford, Voorhees, Gloucester, Winslow, Camden, Haddon Township, Lindenwold, Mt. Ephraim or Waterford contact our office at 609-832-3202 for an absolutely free consultation.

Possession of CDS with Intent to Distribute and Drug Distribution under N.J.S.A. 2C:35-5

An act of simple drug possession can easily become a more serious charge for possession of CDS with intent to distribute or drug distribution in New Jersey. When the drugs are found with significant amounts of cash, mere possession often escalates into distribution. Similarly, if police find cutting agents or drug packaging materials, they will likely charge a person with intent to distribute drugs. Some of the most common drugs involved in drug distribution cases in New Jersey include: heroin, cocaine, marijuana, Oxycontin, methamphetamine, and Ecstasy.

Charges for distributing or selling drugs are graded based on the specific controlled substance involved and the amount of said substance. For example, heroin and cocaine are subject to different guidelines than marijuana or prescription drugs. However, the central theme under N.J.S.A. 2C:35-5 is: the more drugs in your possession, the more severe the charges and penalties you face. Notably, the State includes any adulterants or dilutants in the overall weight of a drug when measuring the amount to determine the degree of the charges. In other worth, half of the weight may be protein powder, but this will be factored into the total weight of the substance when deciding if you will be charged with a third degree crime or a second degree crime.

Penalties for Distributing Drugs in New Jersey

Depending on the drug involved and the amount, a charge for possession of CDS with intent to distribute may be classified as a third degree, second degree, or first degree crime. For example, a third degree crime for cocaine distribution is punishable by up to 5 years in a prison and a $75,000 fine. On the other hand, a charge for second degree intent to sell heroin exposes you to a prison term of up to 10 years of imprisonment and a fine of up to $150,000. The most serious drug distribution charges are first degree crimes, which entail the harshest penalties. A conviction for first degree drug distribution can land you in prison for up to 20 years and cost you upwards of $500,000.

It is important to keep in mind that intent to distribute drugs in a school zone, or near a public building, park, or housing facility can lead to companion criminal charges with additional penalties. Some drug charges are also subject to mandatory minimum terms during which you are ineligible for parole.

Contact Cherry Hill NJ Criminal Defense Attorneys

If you are facing charges for drug distribution or intent to distribute drugs, contact our office today. Our lawyers will listen to your unique situation and devise the best strategy to defend your innocence. Please call 609-832-3202 now or send us an email to arrange your free consultation.


testimonials reviews
"Excellent criminal defense lawyer"

"William handled a matter for me and exceeded my expectations. He was excellent in all areas of the law and achieved an outstanding result. Best of all,he demonstrates honesty and integrity. I would highly recommend William and already have."


testimonials reviews

"I was so scared and nervous about my legal situation but Mr. Fay did an outstanding job with my case!!! I was so relieved with the outcome and he worked so hard for me! He was so calm and understanding and I’m so grateful for him. Thank you so very much for helping me! I am so grateful appreciative."


testimonials reviews
"All Charges Dropped & Expunged"

"William defended me in my marijuana + paraphernalia case, he had all charges dropped and expunged! Despite the fact I was long past conditional discharges/probation, etc. He has a sharp wit and a bright future ahead of him as an attorney. Thanks again Will!"


testimonials reviews
"Fantastic Lawyer"

"Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my life. He was knowledgeable about my case and what my options were. He answered all my questions and was very reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr. Fay if you need a lawyer."


testimonials reviews
"Marijuana Charges"

"I was arrested and summoned to court for possession of marijuana, even though I didn't have any on me. It was my first time getting in trouble and I was terrified and nervous. Mr. Fay came into court prepared and was extremely assuring. He made it very clear that he was going to fight for my case until the very end. He was extremely knowledgable about my case and the ways to resolve it. I would recommend Mr. Fay to anyone who has gotten into trouble."

former client

testimonials reviews
"Excellent lawyer. Highly recommended."

"Mr. Fay is extremely caring and knowledgeable. He took the time to explain the entire process in a very clear manner and was a tremendous help during a stressful time. He was always available to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an attorney." "

former client

testimonials reviews
"Highly recommend"

"Great lawyer. Created a best possible outcome for my case."

former client

testimonials reviews
"Amazing job, explains very clearly"

"He did a fantastic job on my case, making my penalty much less than I thought it could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can understand. Any questions I had were answered very clearly and he listened to all small details of my case."

former client

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If you or someone you love has been charged with a criminal or DUI offense in New Jersey, finding the answers you need to make informed decisions is critical. Complete our contact form to request your free consultation or contact 609-832-3202

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