Manufacturing, Distributing or Dispensing Fentanyl
Wall New Jersey Criminal Defense Attorneys serving Monmouth County, Ocean County, Middlesex County and all surrounding NJ areas.
Under New Jersey statute 2C:35-5 manufacturing, distributing or dispensing fentanyl is a criminal offense which has significant penalties. Our criminal defense attorneys successfully handle these cases throughout New Jersey.
The manufacturing, distributing or dispensing fentanyl statute specifically states:
it shall be unlawful for any person knowingly or purposely:
(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
When the substance is fentanyl and the amount is more than five ounces, including any adulterants in the drug, the offense will be a crime of the first degree. If an individual is convicted of first-degree possession with the intention to distribute fentanyl the court is required to sentence that person to a term of imprisonment between 10 and 20 years. Additionally, the court is required to impose a sentence which shall include the imposition of a minimum term fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. This means that if an individual is sentenced to 15 years in prison, they may not become eligible for parole for a period of five years. Additionally, a fine of up to $500,000.00 may be imposed.
If an individual is convicted of possession of fentanyl with the intention to distribute in an amount of more than one-half ounce but less than five ounces, including any adulterants, the person will be guilty of a crime of the second degree. This means that the individual will face between five and ten years in state prison. Additionally, that individual will not ordinarily be eligible for probation and will be sentenced to prison.
An conviction for an amount of less than one-half ounce of fentanyl will be a crime of the third degree. An individual who is convicted of third-degree possession of fentanyl with the intent to distribute will face between 3 and five years in state prison. They will also be subject to a fine of up to $75,000.00. However, an individual who is convicted of third-degree possession of fentanyl with the intent to distribute may be eligible for probation.
Defenses to Manufacturing, Distributing or Dispensing Fentanyl
There are many defenses to the charge of manufacturing, distributing, dispensing or possessing with the intent to distribute fentanyl. Often times when an individual is charged with a fentanyl related offense, police have seized a quantity of fentanyl from the individual, their home or vehicle. In order for police to search an individual, their home or vehicle, police need sufficient legal justification to do so. Before police search a person or a vehicle, they need probable cause to believe that they will find fentanyl. If the police lack probable cause before conducting a search, the evidence that they find after the search may be suppressed by a Judge and would therefore be inadmissible in court. If they evidence is suppressed and inadmissible in court the charges may be dismissed. If police search a home, they will typically need to secure a warrant before entering a home and searching. A warrant is applied for by sworn affidavits that are presented to a Judge. If the police do not obtain a warrant before searching an individual’s home, the evidence that they find in the home may be suppressed and the charges may be dismissed. Additionally, if the police do obtain a warrant but obtained the warrant by supplying incorrect information to the Judge who issued the warrant, the warrant may be deemed legally invalid thus making the evidence that was recovered from the home inadmissible.
Contact Our New Jersey Criminal Defense Law Firm
The attorneys at the law firm of Clark, Clark & Noonan have successfully represented individual’s on drug charges throughout New Jersey. Our criminal defense attorneys have successfully argued motions to suppress and have had charges dismissed. If you or someone you know would like to speak to one of our criminal defense attorneys call our firm or click on the contact us tab. One of our lawyers will set up a time to meet with you and discuss all of your charges.