Monmouth County Drug Crimes Attorney

Drug cases in New Jersey often turn on how evidence was obtained and whether law enforcement followed proper procedures. Issues such as unlawful searches or breaks in the chain of custody can give defendants more defenses than might first appear.

Whether you’re dealing with simple possession, distribution charges, or prescription drug violations, the penalties escalate quickly.

Attorney Kristen Epifania has spent nearly a decade defending clients against all types of drug charges throughout New Jersey and New York City. She knows how law enforcement builds these cases and knows where to look for weaknesses in the prosecution’s evidence.

With the right defense strategy, many of these cases can be reduced, dismissed, or resolved through alternative programs that keep you out of prison. Contact us today to schedule a free consultation and discuss your options.

Successful Track Record Defending Against Drug Charges

Drug Possession Charges Reduced in Monmouth County: No Prison Time or Indictable Record

Client was charged with multiple third-degree offenses for possession of a controlled dangerous substance. Upon completing an inpatient program, the client was able to accept a reduced plea to a lower-level disorderly persons offense for failure to turn over CDS. This allowed the client to keep their record clear of indictable convictions and to avoid incarceration.

Drug Distribution Charges Diverted to Recovery Court: Prison Sentence Avoided

Client was charged with two separate matters for drug-related offenses. The top charge was a second-degree offense for manufacturing and distributing CDS. The prosecutor offered three years of state prison time in exchange for a plea. Defense instead applied the client to the Recovery Court. The client was accepted into Recovery Court and enrolled in an inpatient program. The client avoided prison time and was sentenced to probation.

Controlled Dangerous Substances (CDS)

Possession of CDS (N.J.S.A. 2C:35-10)

Under New Jersey law, it is illegal to knowingly or purposely possess a controlled dangerous substance (CDS) without a valid prescription or other lawful authorization. A CDS includes drugs classified under federal and state law as Schedules I through V—such as heroin, cocaine, MDMA, methamphetamine, and prescription medications when held without a prescription.

Manufacturing, Distributing, or Dispensing CDS (N.J.S.A. 2C:35-5)

This statute criminalizes the manufacturing, distribution, or dispensing of a controlled dangerous substance or its analog. The severity of the charges and potential penalties vary depending on the type and quantity of the drug involved. For instance, distributing less than half an ounce of heroin or cocaine is a third-degree crime punishable by up to five years in prison. In contrast, distributing five ounces or more is a first-degree crime that carries a potential sentence of 10 to 20 years in prison.

Distribution/Possession with Intent within 1,000 feet of School Property (N.J.S.A. 2C:35-7)

New Jersey law imposes enhanced penalties for drug offenses committed near a school property or a school bus. Convictions for drug distribution within 1,000 feet of a school can carry enhanced penalties. While the law applies regardless of whether children were present, judges have discretion in certain cases to waive mandatory minimum prison terms. When making such a determination, judges may consider a number of factors, including whether school was in session at the time of the offense, whether children were present, and the extent of the defendant’s criminal record.

Distribution to Persons Under 18 (N.J.S.A. 2C:35-8)

New Jersey law makes it a separate and more serious offense to distribute, dispense, or possess with intent to distribute a controlled dangerous substance (CDS) to a person under the age of 18.

Enhanced Penalties:

• The defendant shall be subject to twice the term of imprisonment, fine and penalty, as well as twice the term of parole ineligibility.
• The presumption of non-imprisonment for certain offenders shall no longer apply.

Prescription Drugs

Criminal liability for prescription legend drugs (possession/distribution without a valid prescription). (N.J.S.A. 2C:35-10.5)

Possession or distribution of prescription drugs without a valid prescription is a serious crime in New Jersey. Depending on the circumstances and the quantity involved, you could be charged with a disorderly persons offense or an indictable offense—New Jersey’s equivalent of a felony.

Drug Paraphernalia

Possession/use of drug paraphernalia (N.J.S.A. 2C:36-2)

In New Jersey, possession or use of drug paraphernalia is a criminal offense. Drug paraphernalia includes any equipment, product, or material used or intended for use in manufacturing a controlled dangerous substance. A conviction for possession or use of drug paraphernalia is a disorderly persons offense and carries potential penalties of up to six months in jail and a fine of up to $1,000.

Distribution of drug paraphernalia (N.J.S.A. 2C:36-3)

If you’re caught distributing drug paraphernalia in New Jersey—either selling it or giving it away—you could be charged with a fourth-degree crime. This is a more serious charge than simple possession and carries penalties of up to 18 months in prison and a fine of up to $10,000.

Drug Crime Penalties

Indictable Offenses (Superior Court)

All of the following are indictable crimes, meaning they are handled in Superior Court, carry the possibility of state prison time, and leave you with a felony record if convicted:

• First-degree crimes (large-scale CDS manufacturing/distribution).
• Second-degree crimes (medium-scale distribution, distribution to minors, 100+ dosage units).
• Third-degree crimes (CDS possession [Schedules I–IV], small-scale distribution, school zone distribution, 5–100 dosage units).
• Fourth-degree crimes (Schedule V possession, small-scale distribution, 4 or fewer dosage units).

Disorderly Persons Offenses (Municipal Court)

• Possession/use of drug paraphernalia (N.J.S.A. 2C:36-2) is a disorderly persons offense, handled in Municipal Court, punishable by up to 6 months in county jail and up to a $1,000 fine.
• Failure to Make Lawful Disposition – N.J.S.A. 2C:35-10(c) is a disorderly persons offense charged when an individual who knowingly obtains or possesses a controlled dangerous substance fails to voluntarily deliver the substance to the nearest law enforcement officer.

Drug Crime Defenses

When facing drug charges in New Jersey, it’s important to remember that an arrest does not equal a conviction. There are many potential defenses that can be used to challenge the prosecution’s case. At The Law Office of Kristen Epifania, LLC, we thoroughly investigate your case and explore all possible defenses, including:

• Unlawful Search and Seizure: The Fourth Amendment protects you from unreasonable searches and seizures. If law enforcement violated your rights by conducting an illegal search or seizure, any evidence obtained as a result may be suppressed.
• Lack of Intent to Distribute: If you’re charged with possession with intent to distribute, and intent can’t be proven, the charges may be reduced to simple possession. Proving intent will not always be straightforward and prosecutors may rely on a number of factors, including the quantity of the substance and the presence of paraphernalia.
• Lack of Possession: In some cases, you may be able to argue that you were not in possession of the drugs, either actively or constructively. This could be the case if the drugs were found in a location where multiple people had access and it can be proven that you had no knowledge of their presence.
• Chain of Custody Issues: The prosecution must be able to show a clear chain of custody for the drug evidence. If there are any gaps or inconsistencies in the chain of custody, the reliability of the evidence can be called into question.
• Medical Use/Prescription Defense: If you have a valid prescription for a controlled dangerous substance, this may be used as a defense against charges of illegal possession.
• Violation of Constitutional Rights: If your constitutional rights were violated at any point during your arrest or subsequent proceedings, this could form the basis for a strong defense.

Contact us for a Free Consultation

Don’t face drug charges alone. Our criminal defense attorneys are committed to providing an aggressive defense for our clients. If you or a loved one has been charged with a drug crime in New Jersey, don’t wait to get legal help. Contact us today for a free consultation.