Facing a Criminal Charge for Alleged Drug Distribution to Friends or Acquaintances in New Jersey? We Can Help
At the Law Office of Matthew V. Portella, LLC, our New Jersey criminal defense attorney handles all types of drug distribution charges, including allegations of dealing to family members, friends and/or close acquaintances. Any distribution offense is a serious crime. If you or your family member was arrested and charged with distribution of drugs to a friend, family member, or a close acquaintance, we are here to help. Contact us today for a confidential initial consultation with a top New Jersey drug crimes defense lawyer.
An Overview of Drug Distribution to Friends or Acquaintances Charges in New Jersey
In New Jersey, selling/distributing drugs to friends, family, or other close acquaintances is treated as a standard drug distribution. It can be charged under N.J.S.A. § 2C:35-5. In other words, there is no specialized provision for alleged distribution if the only recipients were friends and family. The statute does not differentiate between selling drugs for profit and sharing them on a more casual and less organized basis. Whether giving a controlled substance to a friend at a party or an acquaintance in private, such conduct could potentially be charged as a distribution offense. Drug distribution is generally charged as a felony (indictable offense) in New Jersey.
Many Drug Distribution Cases Involving Non-Commercial Operations are Third/Fourth Degree
In New Jersey, many drug distribution cases that are classified as non-commercial operations—those being most cases where the distribution allegedly only occurred between friends, family, or close acquaintances—are typically brought as either fourth degree charges or third degree charges.
- Third-Degree Drug Distribution: Most often, this type of charge is brought when the alleged distribution involves a modest amount of a controlled substance. It is still a serious crime that can carry up to five years in prison.
- Fourth-Degree Drug Distribution: Compared to third-degree charges, fourth-degree distribution charges typically involve even smaller quantities of the drug and/or drugs of a lower schedule of drug. A conviction can carry up to 18 months in prison.
What are the Defenses to Allegations of Drug Distribution to Friends or Acquaintances?
Were you arrested and charged with the crime of distributing drugs to a friend, family member, or other close acquaintance? It is imperative that you consult with an experienced attorney as soon as possible. You have the right to raise a defense. Some defense strategies include:
- Lack of Evidence: Prosecutors must present evidence proving every element of the charge beyond a reasonable doubt. Any type of drug distribution case can be defended on the grounds that there is a lack of evidence.
- Fourth Amendment Violation: Law enforcement officers need a search warrant or probable cause to be able to conduct a search of a person or their property. If your Fourth Amendment rights were violated, any evidence from that search may not be admissible.
- Lack of Intent to Distribute: Another possible defense argues that the controlled substances in question were intended for personal use only—not for distribution. For example, if someone purchased a controlled substance in a quantity that could be reasonably used personally, they might argue there was no intent to distribute to others.
- Plea Agreement: There are some circumstances in which prosecutors will have sufficient evidence to obtain a conviction. If that is the case, the best way to defend a distribution to friends or acquaintance offense may be to negotiate a plea agreement. A top-tier New Jersey defense lawyer can help you work out the most favorable plea deal.
How Our New Jersey Drug Crimes Defense Lawyer Can Help
Drug distribution cases carry very serious criminal penalties in New Jersey—even if the case only involves alleged dealing to a family member, friend, or other close acquaintances. You need skilled professional representation. Our founder and lead attorney Matthew V. Portella, Esq. has more than 30 years of experience. We are proactive and solutions-forward. Along with other things, our New Jersey drug distribution defense lawyer is prepared to:
- Hear your story and answer questions about your case;
- Investigate the allegations—gathering all relevant evidence;
- Handle correspondence with police and prosecutors; and
- Develop a comprehensive strategy focused on getting the best outcome.
Contact Our New Jersey Drug Distribution Defense Attorney Today
At the Law Office of Matthew V. Portella, LLC, our New Jersey drug distribution defense lawyer has the skills and experience to protect your rights if you are facing a charge for distribution to a friend or another type of close acquaintance. Reach out to us by phone or contact us online to set up your fully private, no obligation initial case review.
From our legal offices in Haddonfield, we defend drug charges throughout New Jersey including in Atlantic County, Burlington County, Camden County, Gloucester County, Cumberland County, and Salem County.