South Jersey Fentanyl Possession and Distribution Defense Attorney
Accomplished Attorney Helps Defend Clients Against Fentanyl Charges in Camden County, Burlington County, and Throughout New Jersey
Fentanyl is a dangerous drug that has wreaked havoc across New Jersey and the country. It is known to be up to 100 times as potent as morphine and is often combined – in a dangerous fashion – with other opiates such as heroin to lead to a stronger “kick.” This, unfortunately, has led to an increase in overdoses which, in turn, makes fentanyl that much more dangerous and risky to possess, use, or distribute. If you face fentanyl-related charges of any kind, do not underestimate the penalties you are facing. Contact a qualified South Jersey fentanyl possession and distribution defense attorney at Gelman Law, LLC for assistance with your case.
Understanding the Dangers of Fentanyl
Fentanyl is a pain reliever meant to be used as a replacement for medications that rely on opium for pain relief and control. It is usually delivered via patches but is often used on the street as a powder or in pill form. It delivers a short-lived high and can lead to overdosing. There were over 47,000 drug overdose cases in the United States in 2017, according to the National Institute on Drug Abuse. The CDC also reports that over half of these were caused by synthetic opioids such as fentanyl.
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Statute N.J.S.A. 2C:35-10a(1) and N.J.S.A. 2C:35-10.5 on Fentanyl Possession
Fentanyl charges can include charges for possession and/or charges for distribution or the intent to distribute.
According to statute N.J.S.A. 2C:35-10a(1), it is a third-degree crime to possess controlled substances such as fentanyl. If you are convicted of violating this law, you can face prison time of up to 5 years and fines of up to $35,000. Statute N.J.S.A. 2C:35-10.5 also covers fentanyl since fentanyl is a prescription drug and this law makes it a fourth-degree crime to possess 5 or more dosage units of fentanyl. It is a disorderly persons offense (also known as a misdemeanor in other states) to possess less than this amount. If convicted of breaking these laws, you could face up to 18 months in jail and up to 6 months for each grade of prescription drug possession.
Statute N.J.S.A. 2C:35-5 on the Distribution or Possession with Intent to Distribute Fentanyl
Statute N.J.S.A. 2C:35-5 applies to cases involving drug distribution in New Jersey. The severity of the charges you face will depend on the amount of fentanyl involved in your situation.
- It is a first-degree crime to distribute or sell 5 ounces or more of fentanyl, punishable by 10-20 years in prison and fines of up to $500,000.
- It is a second-degree crime to distribute or possess with the intent to distribute between half an ounce and less than 5 ounces of fentanyl, punishable by jail time of between 5 and 10 years and fines of up to $150,000.
- It is a third-degree crime to sell, distribute, or possess with the intent to distribute less than half an ounce of fentanyl, punishable by up to 5 years in prison and fines of up to $75,000.
These are serious charges, and a criminal conviction can stay on your record for life, affecting everything from your employment opportunities to your ability to secure loans and even travel. For assistance with fentanyl-related charges, contact a qualified South Jersey fentanyl possession and distribution defense attorney at Gelman Law, LLC today. With years of experience handling drug charges of all kinds, fentanyl charges lawyer David Gelman in Cherry Hill, NJ has the legal knowledge and hands-on experience needed to handle complex, high-stakes drug charge cases for you with confidence.
South Jersey Fentanyl Possession and Distribution Defense Attorney at Gelman Law, LLC Can Help Defend Against Your Charges
A fentanyl charges lawyer in Camden County, NJ from our firm can employ a variety of tried and tested legal tactics to try to dismiss or reduce the charges you face so that you can potentially avoid jail time and fines and be proven innocent of the charges you face.
For example, if you were stopped and searched without just cause or your home was searched without a warrant, that constitutes a violation of your constitutional right to freedom from unlawful search and seizure. Any and all drugs, opioids, or other evidence collected from you and used against you in a fentanyl-related case would therefore be inadmissible as evidence.
Similarly, if unlawful tactics were used to gather evidence against you or there were reporting or documenting errors in any case-related forms, those oversights and mistakes could potentially be grounds for dismissing your case.
We can also advocate for your admission to a Pre-Trial Intervention (PTI) program. These programs are reserved for first-time offenders but can get you off the hook for jail time and fines – as long as you complete the program’s requirements while on probation.
Finally, a fentanyl charges lawyer in Cherry Hill, NJ from our firm can try to prove that the fentanyl in question is not yours, that you did not know it was fentanyl, or that you did not have any intention of using or distributing it. A defense that questions the amount of fentanyl in question can also be employed to change the charges you face from, for example, a first- or second-degree crime to a third-degree crime.
Downgraded
Possession of Controlled Dangerous Substance With Intent to Distribute
Dismissed
Possession of Controlled Dangerous Substance
Contact a South Jersey Fentanyl Possession and Distribution Defense Attorney at Gelman Law, LLC for a Free Consultation Today
A fentanyl charge can turn your life upside down in an instant. It is not worth the risk of conviction, so contact a South Jersey fentanyl possession and distribution defense attorney at Gelman Law, LLC today. Our fentanyl charges lawyer in Camden County, NJ will vigorously defend you and will employ every available legal strategy to lower or dismiss the charges you face.
Get Advice From An Experienced Drug Charges Lawyer. All You Have To Do Is Call 856-861-4236 To Receive Your Free Case Evaluation.
Frequently Asked Questions About Fentanyl Possession and Distribution in New Jersey
Constructive possession is when someone is deemed to have possession and/or control over assets without having actual physical control or possession over those assets. For example, if you are in a room with a friend who owns, possesses, and controls certain drugs, you can be deemed to have been in constructive possession of the same drugs even though you have no ownership rights, control, or possession rights over them. You can also face serious charges if you are deemed to have constructive possession of those controlled substances.
There are enhanced consequences for crimes when they occur in a school zone, on school property, or near or around children. You can face additional penalties if charged with fentanyl-related crimes that allegedly occurred within 1,000 feet of school property or 500 feet of a public park. These penalties can include community service.
