If you were recently pulled over and had your vehicle searched at a traffic stop, or otherwise were stopped by law enforcement and they found a certain quantity of drugs in your vehicle, on your person, or otherwise in your possession, you may now be facing possession with intent to distribute charges. Our firm has extensive experience combating these charges on behalf of our clients, and we stand ready to fight for you and your future as well. Continue reading and reach out to a seasoned Union County criminal defense lawyer from The Mark Law Firm to learn more about possession with intent to distribute charges and how we can help you fight them. Here are some of the questions you may have:

What does possession with intent to distribute mean in New Jersey?

Under New Jersey law, this charge generally means that you knowingly possessed or controlled a controlled dangerous substance and intended to transfer it to another person. The transfer does not have to happen. It also does not have to involve money, since giving drugs away may qualify as distribution. To convict you, prosecutors generally must prove beyond a reasonable doubt that:

  • The material was the controlled substance named in the charge.
  • You knew you possessed it or had it under your control.
  • You intended to distribute it at that time.

Drugs found in your pocket are one example of possession, but the state may also argue that you controlled drugs kept elsewhere. However, if drugs are found near you, that alone does not necessarily mean you knew they were there or had control over them. New Jersey’s criminal statute, N.J.S.A. 2C:35-5, addresses both distribution and possession with intent to distribute.

How do prosecutors try to prove an intent to distribute?

Since people rarely announce what they plan to do with drugs, prosecutors often rely on the circumstances surrounding an arrest. Evidence they may use includes the following:

  • The amount of drugs, particularly if prosecutors argue it exceeds what someone would keep for personal use.
  • Individual packets, empty bags, or other packaging materials.
  • Scales, cash, messages, or observations that appear to suggest planned transfers.
  • Statements you or someone else allegedly made.

Of course, these details have to be considered in context. Someone can own a scale or carry cash without selling drugs, and when a substance is found in a shared car or home, there may be a real question about who knew about it. New Jersey’s model jury charge tells jurors they may consider the quantity, purity, and packaging of the substance along with the other evidence when deciding whether intent existed. None of those details should be treated as the whole case by itself.

What penalties and defenses could apply to this charge?

The potential consequences depend on the type and weight of the substance, how the offense is graded, and whether additional charges have been filed. More serious charges can carry longer prison terms and higher fines. If the alleged conduct occurred in a school zone, for example, prosecutors may bring a separate charge; a prior record can also affect sentencing and the options available to you.

Here at The Mark Law Firm, we can review why police stopped or searched you, whether laboratory testing supports the charge, and whether the evidence connects you to the drugs in the first place. Additionally, we can also examine whether what police called an intent to distribute could reasonably be explained another way, including personal use.

If you have any additional questions, or you’d like to speak with a seasoned criminal defense attorney who can effectively combat your charges at every turn, please don’t hesitate to contact The Mark Law Firm for a free, confidential consultation today.