Because drug crimes are taken seriously in New Jersey, a conviction can result in significant penalties and legal consequences. If you are facing charges for possession with intent to distribute, it is crucial that you understand the legal definition of your offense and how you can fight your charges. Reach out to a skilled Bergen County criminal defense lawyer today to set up your free consultation and secure knowledgeable representation.
What is Possession With Intent to Distribute in NJ?
Possession with intent to distribute is a phrase commonly used to describe the illegal act of possessing illicit drugs for the purpose of selling or distributing them to others. While you can be arrested for having the drugs or get caught in the act of making a sale, possession with intent is somewhere in between.
The offense is described under N.J.R.S. 2C:35-5, which makes it illegal for anyone to knowingly or purposefully “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 to create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.”
How Can Intent to Distribute Be Proven?
Depending on the details of the case, it may be fairly easy for the prosecution to prove that you had possession of an illegal substance, especially if evidence of the drugs was collected from your person or place of residence. However, if you were not caught in the middle of selling the substance, how can an intent to distribute be proven?
The prosecution is burdened with providing enough evidence to convince a jury that you not only possessed illicit substances but that you were planning on distributing them. Below are some factors that could indicate an intent to distribute.
- The quantity of drugs: A large quantity of illegal substances is one of the strongest pieces of evidence for intent to distribute. If you were planning to argue that the drugs were for your personal use, having a significant amount could make your argument unbelievable.
- The way the drugs are packaged: The form that the drugs were discovered in could also point to an intent to distribute. If law enforcement found many small baggies, vials, plastic wrap, or other packaging materials used to package illicit drugs, it could indicate that you were planning to distribute the substances.
- The presence of additional paraphernalia: Other drug paraphernalia could be used to convince a jury that you intended to distribute the drugs. Think scales, measuring devices, pipes, and products or equipment used to produce and package illegal drugs.
- Large amounts of cash: If the police find a significant amount of cash on you or in your home, it could be used as evidence that you have distributed drugs before and/or are planning to sell again, especially if you cannot explain where the money came from.
Any of the above evidence can be used to persuade a jury in a drug case. It is crucial that you discover how you can counter these points with an effective defensive strategy. Reach out to a skilled attorney today to begin discussing your case.
