Union County NJ Criminal Lawyers

Home » Offenses We Handle » Drug Offenses » Methamphetamine Offenses

Methamphetamine Offenses

Arrested for Possession or Distribution of Methamphetamine?

There are several CDS offenses that can arise under the NJ Criminal Code when it comes to methamphetamine. An individual can face a charge of straight possession of methamphetamine or the significantly more complicated offense of distribution of methamphetamine. There is also the possibility of enhancement of an intent to distribute charge where the manufacturing or selling of methamphetamine takes place in a school zone or public park zone. If you have been charged with a methamphetamine related offense anywhere in Union County, our attorneys can assist you. We feature a staff of 8 criminal lawyers with over 100 years of combined experience. Our lawyers have been appearing in the Union County Superior Court on complex drug cases for decades. Call us for a free consultation at 908-272-1700.

Distribution of Methamphetamine

Prosecution for Methamphetamine distribution requires the government to show that: (1) an individual purposely or knowingly, (2) provided to another individual, (3) a substance known to be methamphetamine. Under New Jersey and Union County law, a person acts “purposely” when it is their intention, or conscious object, to act in a certain manner. Alternatively, a person acts “knowingly” when they are aware of the nature of their actions. Additionally, the term “distribution” is a broad concept that captures actions beyond the sale of narcotics. Under N.J.S.A. 2C:35-2, distribution is defined as the giving of a substance to another individual.  It includes circumstances when an individual provides the substance to another in any manner, including as a gift, sale, or favor.

Possession With Intent To Distribute Methamphetamine

Conviction for possession with the intent to distribute methamphetamine requires the prosecution prove beyond a reasonable doubt that: (1) the defendant knowingly or purposely, (2) either (a) actually, (b) constructively, or (c) jointly, possessed, (3) a substance known to be methamphetamine, and (4) circumstances suggest the individual intended to provide the methamphetamine to another. Under New Jersey and Union County law, a person acts “purposely” when it is their intention, or conscious object, to act in a certain manner. Alternatively, a person acts “knowingly” when they are aware of the nature of their actions.

Actual possession occurs when a person physically controls, holds, or houses the illicit materials. Constructive possession is found when a person does not actually control the methamphetamine, but they have the capability to control the substance.  See page (link to possession of CDS) for a detailed discussion of constructive possession.  Similarly, joint possession can be found when two or more individuals either simultaneously hold the drugs, or when they have agreed to obtain the drugs together.  See page (link to possession of CDS) for a detailed discussion of constructive possession.

Determining intent is largely based upon the circumstances surrounding the possession of the drugs.  Courts will determine whether intent existed by considering: quantity, quality, location, time of day, packaging of the cocaine, the amount of money also discovered with the cocaine, and the denomination of money discovered.

Possession of Methamphetamine

Conviction for possession of methamphetamine requires a showing that: (1) the defendant purposely or knowingly, (2) either actually, constructively or jointly, possessed, (3) a substance known to be methamphetamine. Under New Jersey and Union County law, a person acts “purposely” when it is their intention, or conscious object, to act in a certain manner. Alternatively, a person acts “knowingly” when they are aware of the nature of their actions. Actual possession occurs when a person physically controls, holds, or houses the illicit materials. Constructive possession is found when a person does not actually control the methamphetamine, but they have the capability to control the substance.  See page (link to possession of CDS) for a detailed discussion of constructive possession.  Similarly, joint possession can be found when two or more individuals either simultaneously hold the drugs, or when they have agreed to obtain the drugs together.  See page (link to possession of CDS) for a detailed discussion of constructive possession.

Penalties for Manufacturing or Distributing Methamphetamine

  • First Degree Crime. When the distribution involves five (5) ounces or more, it is a first degree crime under NJ law. An individual may be sentenced to state prison for up to twenty (20) years and fined $300,000 for first degree possession with intent to distribute methamphetamine.
  • Second Degree Crime. It is a second degree offense to distribute less than five ounces but more than one half an ounce of methamphetamine.This second degree offense carries a possible prison term between 5 to 10 years.  Additionally, a fine of up to $150,000 may be imposed.
  • Third Degree. It is a third degree offense to distribute less than one half an ounce of methamphetamine. This third degree offense carries up to five years in prison and a fine of up to $75,000.

Penalties for Possession of Methamphetamine

It is a crime in the third degree to possess any amount of methamphetamine.This third degree offense can carry result in up to five years in prison and thousands of dollars in fines.

If you were arrested and are subject to indictment for a methamphetamine offense, we can help you. Call us 24/7 for a free consultation at 908-272-1700.

 


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Contact Information

(908) 272-1700
By Appointment Only.
Call 24/7 for a free, no-obligation case evaluation.