Drug trafficking can lead to long prison sentences in New Jersey. In practice, what people call “trafficking” is usually charged as manufacturing, distributing, or possessing drugs with intent to distribute under N.J.S.A. 2C:35-5. The degree (and prison exposure) depends on the drug and amount, and can range from fourth-degree up to first-degree charges. A first-degree conviction can carry a prison term of 10–20 years. Separate “kingpin” charges for leading a trafficking network can carry life imprisonment with 25 years before parole eligibility.
If you’re under investigation or already charged, a drug crimes lawyer in Bergen County can help you act quickly and protect your rights. At Lustberg Law Offices, LLC, Adam M. Lustberg helps people facing trafficking charges throughout Bergen County and New Jersey. Our team understands how to challenge illegal searches, question intent, and pursue diversion programs. In addition, Attorney Lustberg has extensive knowledge of the local courts and how prosecutors build their cases.
To get guidance from an NJ criminal defense lawyer, contact Lustberg Law Offices, LLC at (201) 880-5311 for a confidential consultation.
What Is Drug Trafficking in New Jersey?
Drug “trafficking” is a broad term people use for drug distribution activity. In New Jersey, the core charge is usually that a person knowingly or purposely manufactured, distributed, dispensed, or possessed with the intent to distribute a controlled dangerous substance (unless authorized by law). The State does not have to prove you got paid. Under New Jersey’s definitions, “distribute” means “deliver,” and “delivery” includes an actual, attempted, or constructive transfer from one person to another, so a transfer can still count even if no money changes hands.
Under N.J.S.A. 2C:35-5, “trafficking” conduct includes manufacturing, distributing, or possessing drugs with intent to distribute. These cases can be investigated by local police, county task forces, and state agencies. In addition, federal agencies like the DEA may also be involved, especially in larger or multi-jurisdictional investigations.
New Jersey’s “kingpin” law in N.J.S.A. 2C:35-3 targets alleged leaders of drug trafficking networks. To convict someone, the state must prove (beyond a reasonable doubt) that the person conspired with two or more other people and acted as a financier (providing money or credit with intent to profit) or as an organizer, supervisor, or manager of at least one other person. This is a first-degree charge and can carry life in prison with 25 years before parole eligibility, plus major fines.
How Is Trafficking Different from Possession in New Jersey?
The main difference is intent and quantity. Possession means having drugs or having them under your control. “Trafficking”-type cases usually involve allegations that you distributed drugs or possessed them with the intent to distribute to someone else.
Prosecutors look at several factors to prove trafficking intent. Large quantities suggest distribution rather than personal use. Packaging materials like scales, baggies, and large amounts of cash also indicate trafficking. Text messages or communications about drug sales also help strengthen the State’s case.
However, even small amounts can lead to trafficking charges if other evidence shows intent to distribute. The amount alone does not determine the charge. Prosecutors must prove you intended to distribute the drugs (which can include a transfer even without payment), not just possess them.
Key Takeaway: Trafficking charges require proof of intent to distribute, not just large quantities. Scales, packaging materials, and messages can prove intent even with small amounts.
What Are the Penalties for Drug Trafficking in New Jersey?
Penalties depend on the drug and the amount. New Jersey grades offenses by degree, and distribution/intent-to-distribute charges under N.J.S.A. 2C:35-5 can be fourth-, third-, second-, or first-degree, depending on the drug and quantity.
In general, a fourth-degree crime carries up to 18 months in prison. A third-degree crime carries 3 to 5 years. A second-degree crime carries 5 to 10 years.
A first-degree crime can carry 10–20 years in prison. Some New Jersey drug-related offenses also require a mandatory minimum period of parole ineligibility, which can be set at, or between, one-third and one-half of the sentence (and in some situations, a specific minimum term applies).
Fines can be substantial, but the maximum fine can vary by drug and degree. Some first-degree drug offenses allow fines up to $500,000, while others list $300,000 as the cap. Kingpin/leader convictions can carry life imprisonment with 25 years before parole eligibility, plus a potential fine up to $750,000 (or more, depending on the statute’s calculation).
If an individual is charged in Bergen County, the case is handled through the Bergen County Superior Court vicinage at the Bergen County Justice Center (10 Main Street, Hackensack). People may be held pretrial (or serve certain sentences) at the Bergen County Corrections & Rehabilitation Center (160 South River Street, Hackensack).
What Makes Drug Trafficking Penalties Worse?
Some facts can raise the degree of the charge or lead to additional, separate charges that increase exposure. Common examples include drug quantity thresholds, protected-location laws, allegations involving minors, or alleged weapons offenses.
For example, under N.J.S.A. 2C:35-5, distributing or possessing with intent to distribute five ounces or more of heroin is graded as a first-degree offense, while lower amounts can be graded as second- or third-degree depending on the quantity.
Involving minors can trigger separate, enhanced charges. For example, N.J.S.A. 2C:35-6 makes it a serious offense for an adult to use, direct, hire, or employ a person 17 or younger in a drug distribution scheme, and it carries a mandatory minimum parole-ineligibility term described in the statute (unless an exception applies).
If the State alleges a firearm was involved, that can lead to additional charges and mandatory minimum prison time in some cases. New Jersey law includes mandatory parole-ineligibility terms for certain crimes when a firearm is used or possessed during the offense, depending on the charge and facts.
Drug distribution in protected locations can be charged as separate offenses. New Jersey has a school-zone offense (within 1,000 feet of school property) under N.J.S.A. 2C:35-7, and a separate offense for distribution within 500 feet of certain public places (like public housing facilities, public parks, or public buildings) under N.J.S.A. 2C:35-7.1. These charges can carry their own grading and parole-ineligibility consequences, depending on the facts.
Cross-state activity can increase the chances of federal involvement, but it does not automatically mean a case will be federal. Federal agencies and prosecutors may get involved based on the scope of the alleged activity, the investigation, and other factors.
Drug Crimes Attorney in Bergen County – Lustberg Law Offices, LLC
Adam M. Lustberg
Attorney Adam M. Lustberg focuses his practice exclusively on criminal defense, representing people in Bergen County and across New Jersey who are being investigated for or charged with serious offenses, including drug crimes. His commitment to defending the accused started early. During law school, he interned with the Essex County Public Defender’s Office through Seton Hall’s Pro Bono Program and later returned through Seton Hall’s Juvenile Justice Clinic, advocating for juveniles at initial proceedings.
Since earning his J.D. from Seton Hall University School of Law and gaining admission to practice in both New Jersey and New York, Mr. Lustberg has guided clients through every stage of the criminal process, from arraignment through jury trial. He is known for meticulous preparation and strong advocacy, including arguing more than 30 detention hearings under New Jersey’s criminal justice reform system, with a consistent focus on securing the best possible result.
Over the course of his career, Mr. Lustberg has built a reputation as a leading defense lawyer in the region, earning a 10/10 Avvo rating and receiving recognition such as Super Lawyers “Rising Stars,” “Bergen’s Best Lawyers” by (201) Magazine, and inclusion in The National Trial Lawyers Top 100 Trial Lawyers list.
How Long Does New Jersey Have to File Trafficking Charges?
In New Jersey, the general statute of limitations for most indictable offenses is five years, meaning prosecution generally must be started within five years after the offense is committed (subject to exceptions and specific legal analysis in a given case).
This deadline applies to most indictable offenses in New Jersey. The clock usually starts when the alleged offense is committed, but exceptions, tolling issues, and “continuing conduct” rules can affect the analysis in some cases.
New Jersey law also explains that if the statute is aimed at a continuing course of conduct, the offense is treated as committed when the course of conduct (or a person’s complicity) is terminated, which can affect timing analysis in those kinds of cases.
Key Takeaway: For most crimes in New Jersey, the limitations period is generally five years, but there are exceptions, and “continuing conduct” timing rules can matter in some cases.
What Other Drug Crimes Connect to Trafficking?
Several related charges often accompany trafficking cases. Prosecutors pile on multiple charges to increase pressure for plea deals. Knowing these charges helps you prepare a defense.
Possession with intent to distribute is a common charge in cases involving alleged sales activity. Prosecutors usually rely on evidence like packaging, scales, communications, or other facts to argue “intent to distribute.”
Maintaining or operating a drug production facility can be charged as a separate serious offense under New Jersey drug laws and may be filed alongside distribution/intent-to-distribute counts, depending on the facts.
Distribution charges apply to actual sales or transfers of drugs. You can face distribution charges even without money changing hands. Giving drugs to another person counts as distribution under New Jersey law.
Conspiracy charges target people prosecutors claim agreed with others to commit drug crimes. Conspiracy is commonly charged alongside distribution/intent-to-distribute counts in Superior Court cases.
Key Takeaway: Trafficking cases often include related charges like possession with intent, distribution, and conspiracy. These multiple charges increase leverage for prosecutors seeking plea deals.
Can First-Time Offenders Avoid Prison for Drug Trafficking?
Some first-time defendants may qualify for diversion, but eligibility depends heavily on the charge degree, facts, and prosecutor/court approval. Importantly, many diversion options are aimed at lower-level offenses, and serious distribution cases are often harder to divert without charge reductions.
Conditional discharge is a statutory diversion program for certain first-time drug offenses. The court can place an eligible person under supervision without entering a judgment of conviction, and if they complete the program, the charge can be dismissed as the statute provides. This program is generally tied to eligible drug offenses, not typical higher-degree “trafficking” cases.
PTI is a Superior Court diversion option for certain indictable offenses. Admission depends on statutory/rule factors and prosecutor/court decision-making, and there is generally a presumption against admission for first- and second-degree crimes, absent compelling reasons.
New Jersey’s Recovery Court (formerly called Drug Court) is designed for eligible nonviolent defendants with substance use issues. It involves intensive supervision and treatment through approved providers. Acceptance depends on the charge, criminal history, and program screening. Bergen New Bridge Medical Center in Paramus offers substance use disorder treatment services.
Bergen County’s Addiction Recovery Program offers outpatient and intensive outpatient treatment. The County states that no resident is turned away due to inability to pay, and its program materials describe serving self-referred and court-mandated clients.
New Jersey also has a veterans-focused diversion option in some cases. Eligibility depends on the person’s background, the charge, and the prosecutor/court decision-making.
What Defenses Work Against Drug Trafficking Charges?
Several defenses can beat trafficking charges or reduce penalties. The best defense depends on how the police gathered evidence and what they can prove. Experienced lawyers can evaluate your case and determine which defense applies best.
Illegal search and seizure can be a major defense. Police must follow the Fourth Amendment when searching you or your property. If a search was unlawful, your lawyer may be able to file a motion to suppress evidence. The outcome depends on the facts and the legal rules that apply to the search.
Lack of knowledge or intent challenges the core of trafficking charges. For distribution or possession-with-intent cases, the State generally has to prove you acted knowingly or purposely, and that you intended to distribute (not just possess). If the State can’t prove you knew the drugs were there or can’t prove intent to distribute, that can be a strong defense.
Entrapment applies when police induce you to commit a crime you would not otherwise commit. This defense requires showing that an officer pressured or convinced you to traffic drugs. Simply offering an opportunity to commit a crime is not entrapment.
Insufficient evidence attacks weak prosecution cases. The State must prove every element beyond a reasonable doubt. If prosecutors can’t prove quantity, intent to distribute, or that the substance was actually a controlled dangerous substance, your lawyer can ask the court to dismiss or reduce the charges.
Duress means you trafficked drugs because someone threatened immediate harm to you or others. The threat must be serious and immediate. This defense is difficult to prove, but it can work in specific situations.
An experienced drug crimes lawyer can file motions to suppress evidence, challenge searches and seizures, and test whether the State can prove intent to distribute beyond a reasonable doubt.
Key Takeaway: Illegal search and seizure, lack of intent, and insufficient evidence are the strongest defenses. A skilled lawyer can challenge how police gathered evidence and whether prosecutors can prove their case.
| Common Drug Crimes in New Jersey | Description |
|---|---|
| Possession | Illegal possession of substances, including those requiring a prescription. Penalties vary based on the amount of drugs found and the specific substance. Constructive possession charges can apply if drugs are discovered near an individual, even if they don’t belong to them. |
| Distribution | Involves evidence of actual drug distribution or intent to distribute. Amount of drugs in possession and behavior during arrest can influence charges. Distribution charges encompass intent and selling. Drug trafficking charges apply for dealing in large amounts. Federal involvement is common, especially with importation. |
| Production | Manufacturing or cultivating controlled substances, such as marijuana and methamphetamines, is illegal. |
| Conspiracy | Federal charges may arise from acts related to drug possession or distribution, including conspiracy to possess or distribute narcotics. |
What Should You Do If Arrested for Drug Trafficking?
- Do not speak to the police without a lawyer. Anything you say can be used against you in court. Police may promise leniency if you cooperate, but these promises mean nothing without a written agreement.
- Request a lawyer immediately. Say clearly: “I want to speak to a lawyer.” Do not answer questions or explain anything until your lawyer arrives. Even innocent explanations can be twisted to support trafficking charges.
- Do not consent to searches. If police ask to search your car, home, or phone, you can say no. If officers search anyway, your lawyer can later evaluate whether the search was lawful and whether the evidence can be challenged in court.
- Document everything you remember. Write down what happened before, during, and after your arrest. Note any violations of your rights. Include names of officers, time of arrest, and where police found any drugs.
- Contact an experienced New Jersey drug crimes lawyer right away. Cases move quickly, and early action protects your rights. Lawyers can fight for release at the pretrial detention/release stage, challenge illegally obtained evidence, and start building your defense right away.
Key Takeaway: Remain silent, request a lawyer immediately, and do not consent to searches. Early legal representation protects your rights and gives you the best chance at a favorable outcome.
Get Help from a New Jersey Drug Trafficking Defense Lawyer
Drug trafficking charges can destroy your future. You face years in prison, massive fines, and a permanent criminal record. The right defense can make the difference between prison and freedom.
Adam M. Lustberg at Lustberg Law Offices, LLC has defended trafficking cases throughout Bergen County, Hackensack, and New Jersey. Our drug crimes attorneys know how to challenge illegal searches, question evidence, and negotiate with prosecutors. We have helped clients avoid prison through diversion programs and successful trial defenses.
Contact Lustberg Law Offices, LLC today at (201) 880-5311 for a free consultation. We will review your case and explain your options.
