Seasoned New Jersey Cocaine Possession Lawyer Helps Those Charged with Cocaine and Drug Possession in Hudson County, Passaic County, Essex County & Bergen County, NJ - Cocaine Possession Lawyers - Cocaine and Drug Possession Attorneys

Seasoned Cocaine Possession Lawyer Represents Clients Charged with New Jersey Cocaine Possession Distribution in Bergen County, Essex County, Passaic County & Hudson County

New Jersey is known nationwide for its tough and aggressive stance against drugs like cocaine, especially their possession, sale, and distribution. If convicted of cocaine possession and distribution in NJ, even as a first-time offender, you are highly likely to receive a lengthy jail or prison sentence. New Jersey statute N.J.S.A. 2C:35-5 makes cocaine possession with the intent to sell to a person or entity a felony. Even if all you did was share cocaine with a friend at a party in Fort Lee or Elmwood Park, NJ, you may be prosecuted for cocaine possession and distribution. While possession of cocaine itself is a serious crime under New Jersey law, the penalties for possession with intent to distribute cocaine are significantly more severe. 

With more than a decade of experience exclusively dedicated to criminal defense in Bergen County, Essex County, and throughout New Jersey, Hackensack cocaine distribution lawyer Adam M. Lustberg knows New Jersey drug laws and has helped hundreds of defendants with charges similar to yours.

Contact him today at (201) 880-5311 to discuss your cocaine possession and distribution case.

Whether you intended to sell or distribute the cocaine you were allegedly caught with doesn’t necessarily matter. It is common for NJ police and prosecutors to add the charge of distribution to existing cocaine possession charges when the amount of cocaine is half an ounce or more. Possession of cocaine which is less than half an ounce is a third-degree felony crime. Possession of between half an ounce and five ounces is a second-degree crime. Possession of more than five ounces of cocaine is a first-degree crime.

Penalties for possession of between half an ounce and five ounces of cocaine with intent to sell distribute, or deliver is a second-degree crime:

• A state prison sentence of up to 10 years.
• Up to a $150,000 fine.

Penalties for possession of more than five ounces of cocaine with intent to sell, distribute, or deliver is a first-degree crime:

• A state prison sentence of up to 20 years.
• Up to a $500,000 fine.

The above penalties are for first-time offenders convicted of possession of cocaine with intent to distribute. If you have prior criminal convictions, these penalties are likely to be more severe. 

Note that these penalties can also increase if you are charged with distribution in a school zone or public park in New Jersey. Extenuating circumstances such as these could land you in prison for a mandatory 25 years with no possibility of early parole. Cocaine possession defense lawyer Adam M. Lustberg understands the drug laws in New Jersey and he may be able to help you protect your freedom.

As one of the toughest states against drug traffickers, a person convicted of distribution of cocaine can potentially face a 25-year mandatory minimum prison sentence with no option for early parole. If convicted of distributing cocaine to a minor or pregnant woman, the penalty is doubled. If convicted of distribution or possession of the said drug on or within 500 feet of a school, public housing, drug treatment facility, methadone clinic, or homeless shelter, additional penalties will also apply. 

When you’ve been charged with possession, distribution, or “trafficking” in Fair Lawn, Garfield, Hackensack, or anywhere else in New Jersey, fast action is critical. Any delay in hiring a qualified Bergen County defense attorney may negatively impact the outcome of your case.

Contact us today at (201) 880-5311 to schedule a consultation with criminal defense attorney Adam M. Lustberg.

First and foremost, if you’re convicted, you face the loss of your freedom because you may be incarcerated for decades, followed by a closely monitored, lengthy probation sentence. It could also cause you to lose your driver’s license and pay fines of hundreds of thousands of dollars. Once released from prison, as a convicted felon, it may substantially limit your job and educational opportunities and prevent you from obtaining certain professional licenses. 

There are two primary diversion programs available in New Jersey for people charged with cocaine possession. These programs are offered for both nonviolent offenses and first-time offenders. 

These programs are:

• The Pretrial Intervention Program (PTI) – requires the defendant to remain under the supervision of the court for an average period of one to three years. This may include submitting to a psychological and/or drug and alcohol evaluation, complying with the recommended treatment programs, and random urine testing. If a defendant completes the conditions of PTI successfully, all original charges against him are dropped and there will be no conviction.
• Drug Court – a specialized probation system that requires intensive supervision and frequent drug testing. It also includes court appearances and structured treatment programs and recovery programs (12-step groups). Counseling and other support may be available to participants to help them with issues such as education and job training.

These programs are for those who truly want to end their drug addiction. Our team may be able to provide legal advice about entry to PTI or drug court because we want to get the best possible outcome for our clients. We may be able to help you explore what other options you may have. Call us today to schedule a free consultation.

Examples of the evidence that may be presented to prosecute a cocaine distribution case include:

• Separate packaging of the cocaine.
• Scales and/or other measuring equipment.
• Multiple cell phones.
• “Pay” and “Owe” sales records.

To fight for your constitutional rights, you need a New Jersey criminal defense attorney who is experienced at challenging the prosecution’s evidence. The prosecutor has the burden of proving the elements of your Rochelle Park cocaine distribution charge “beyond a reasonable doubt.” Your NJ drug crime defense attorney should be prepared to challenge their supposed evidence so that your case cannot be proven beyond a reasonable doubt. Here are some of the challenges that Hackensack attorney Adam M. Lustberg might bring against the prosecutor’s allegations in your cocaine distribution charge:

• Search Warrants: Determining that the warrant to conduct the search was valid and consistent with the law. Was the “evidence” seized in violation of any of your constitutional rights, constituting unlawful searches and seizures?
• Substance Challenge: Forcing the prosecutor to prove that what they found was actually cocaine. In some cases, police rely on their experience and training to make a determination that the substance is cocaine. If it was never sent out to a lab for confirmation, whether the substance was cocaine or not could be challenged. In cases of possession of cocaine, attorney Adam M. Lustberg may negotiate with the prosecution and attempt to convince the prosecutor that the charges should be filed as a misdemeanor rather than as a felony, or that that client should be sent to the Drug Diversion Program rather than to prison.
• Distribution Intent: With the four or more elements necessary to prove intent to sell, traffic, or distribute cocaine necessary to prove their case, any or all of those elements can be challenged.

Keep in mind that there are two different types of cocaine distribution charges:

• Actual possession: The prosecution must only prove that the defendant planned to manufacture, distribute, or disseminate cocaine that was found on their person or property.
• Constructive Possession: If the cocaine was not found on your person or property, it is considered constructive possession. In other words, if the police believe you are a drug trafficker and someone else is holding or selling cocaine that originated from you, that may be considered constructive possession.

Hiring a criminal defense attorney early in the process may result in some of the charges being dismissed before your case goes to trial, or you may be able to avoid going to trial altogether. If the case does proceed to trial and you are found guilty of some charges, the penalties may be less severe.

In Bergen County, Passaic County, Hudson County, and Essex County, NJ, prosecutors have varying priorities, policies, and political agendas in regard to drug possession and distribution crimes. Attorney Adam M. Lustberg has been representing his clients in all four counties and beyond in New Jersey and is knowledgeable about their specific and individual proclivities that can work to your advantage. In addition, Adam M. Lustberg will examine every aspect of the prosecution’s case and identify what’s lacking in their evidence to create a strong defense on your behalf. Hackensack criminal defense attorney Adam M. Lustberg has successfully represented hundreds of defendants accused of every type of drug crime in NJ, including possession with intent to distribute cocaine, marijuana, heroin, methamphetamine, and illegal prescription drugs.

You can drop criminal charges in certain circumstances. You can drop criminal charges if the police officers made a mistake in filling out forms, if there is no probable cause, or if evidence has been improperly obtained. Each case is unique with its own specifics. That is what your lawyer will consider when preparing the defense.

Criminal defense attorneys begin a detailed investigation of the situation surrounding drug charges. You are protected under the Constitution from unreasonable searches, seizures, and other illegal searches. A traffic stop that results in a cocaine stop can lead to the charges being dropped. The same applies if law enforcement did not have probable cause to search the vehicle. A motion to suppress evidence can be filed by your lawyer if the evidence was obtained in error.

The cocaine used determines the crime level. First Degree distribution is when the quantity involved is five (5) ounces and more. It is Second-degree distribution if the weight falls between one-half and five (5) ounces. It is Third-degree distribution if the weight is less than a half-ounce. 

As an experienced NJ drug crime lawyer who has handled hundreds of drug distribution defenses, attorney Adam M. Lustberg knows how to carefully examine the facts of your case, analyze the circumstances of your arrest and seizure of evidence, and build a strategy to attack the case against you. He will fight vigilantly to protect your constitutional rights. Moreover, if a trial becomes necessary, he will prepare an aggressive defense designed to attack the prosecutor’s case against you and help you beat your New Jersey drug possession and distribution charges.

Timing is critical in NJ cocaine distribution cases, so don’t delay. Call (201) 880-5311 Hackensack criminal defense attorney Adam M. Lustberg today or fill out the online contact form.