Drug trafficking crimes involve the creation and/or distribution of banned drugs or controlled substances that were obtained illegally. Just like drug possession charges, they are considered very serious crimes and often carry severe penalties. The more dangerous the drug, the quantity of the drug, and the more drug crimes you are convicted of – in addition to drug trafficking – the worse the punishment could be. Finding a qualified New Jersey drug crimes lawyer for your case can easily make the difference between many years in prison or a lesser penalty.
Contact Attorney Adam M. Lustberg today for a free initial consultation regarding your drug charges.
New Jersey Drug Trafficking Law Definition and Details
Drug trafficking is defined as the illegal sale, manufacture or creation, transport, movement, and/or distribution of any substance that is either illegal to own or was illegally acquired. Drug trafficking crimes usually involve much more than simply handling an illegal substance from point A to point B. It often involves a large scheme on a national or international scale with millions of dollars of sales generated. Usually, to be convicted of this crime one must have a larger part in the scheme such as organizing, financing, or supervising/managing those creating, moving, or selling the drugs.
The following is a list of the most commonly trafficked drugs in the United States:
- Cocaine
- Heroin
- PCP
- LSD
- Methamphetamines (Meth)
- Marijuana
Because this type of crime is on a much larger scale and results in thousands of affected Americans gaining access to illegal substances, a special federal group called The Drug Enforcement Administration (DEA) is used to investigate these crimes. They were created to crack down on drug presence and distribution in the United States.
Possible Drug Trafficking Penalties for Those Convicted in NJ
If you are caught by the DEA and convicted, the penalties for this type of crime are severe. This is because it is considered a very serious crime that usually earns an individual a 1st-degree felony charge. If convicted of other drug crimes the penalties can become much more severe. This is especially the case if charged with any of the following:
- Possession of a drug with intent to distribute within 1000 ft of the school zone
- Possession of a drug with intent to distribute within 500 ft of a public library, park, or certain housing
- Possession of a handgun (such as a pistol) in association with the drug crime
Penalties for drug trafficking crimes in New Jersey depend on what type of drug was involved and how much of the drug was being created, managed, and in possession. These charges can be broken down into four categories and have specific penalties associated with them:
- 4th Degree Crime = Least Severe and up to 18 months imprisonment
- 3rd Degree Crime = Less severe and 3-5 years imprisonment
- 2nd Degree Crime = Moderately Severe and 5-10 years imprisonment
- 1st Degree Crime = Most Severe and 10-20 years imprisonment
It is important to note that prison is only part of the punishment when it comes to a drug trafficking conviction, which can also result in heavy fines depending on how much of the drug and what kind of drug was involved.
A person can also lose many civil rights and federal benefits temporarily or permanently depending on whether or not this is a first-time scenario. These types of penalties can include:
- Losing the right to bear arms.
- Being denied certain loans and grants
- Forfeiture of assets, money, or property associated with earnings from convicted drug crimes
- If an illegal immigrant: Immediate Deportation and denied future citizenship attempts
Those who are accused of leading a narcotics trafficking scheme can also be sentenced to life in prison and charged up to $750,000 in fines alone. Parole would not be available to such an individual until at least 25 years of their sentence has been served.
Aggravating Factors
When it comes to drug trafficking offenses, certain aggravating factors can significantly increase the severity of penalties. One of the primary factors is the quantity of drugs involved; large amounts often suggest intent to distribute, triggering harsher consequences. The law takes a stern view on the distribution potential, recognizing that it carries a higher societal risk than simple possession.
Moreover, the penalties can escalate when the offense involves vulnerable individuals. This includes cases where minors are implicated in the conspiracy—either as participants or as targets of the drug distribution. Selling or distributing drugs to individuals under 21 or to pregnant women is another aggravating circumstance that courts do not take lightly, often resulting in enhanced penalties.
The use of firearms during the commission of drug trafficking is also a serious aggravating factor. It indicates a heightened level of danger and criminal intent, and the courts punish such actions with increased vigor to dissuade armed drug offenses.
Cross-state operations introduce another layer of severity. When drug manufacturing occurs in one state with distribution or sales in another, federal charges come into play. These not only broaden the jurisdictional scope of the crime but also introduce the possibility of stiffer federal penalties.
Lastly, evidence of significant financial gain from drug trafficking—such as unexplained wealth or assets—can further compound the penalties. Unlike simpler drug crimes, trafficking charges are less likely to be mitigated by plea bargaining or diversion programs, reflecting society’s and the legal system’s hardline stance against this form of criminal activity.
Common Drug Crimes in New Jersey
Legislators in New Jersey have created many laws that allow people to be charged with a variety of drug crimes. The most commonly committed drug crimes include:
- Possession – A lot of substances are illegal to possess. Some substances cannot be obtained without a prescription. Depending on the amount of drugs that were found in your possession, different charges may apply to your case. The penalties that are associated with each substance may also vary. You can even be charged with constructive possession if the drugs are discovered near you, even if they weren’t yours.
- Distribution – This type of crime is based on evidence of the actual distribution or if there are claims that the defendant intended to distribute the drugs. The amount of drugs in the person’s possession and their behavior at the time of the arrest can also be a basis for criminal drug distribution charges. Distribution charges can include intent and selling. You can also be charged for drug trafficking if you are charged with dealing in large amounts. Federal involvement is common in drug trafficking cases, particularly when there’s an importation component.
- Production – It is unlawful to create or cultivate controlled substances. This includes the cultivation of marijuana and methamphetamines.
- Conspiracy – Federal charges can be based on acts other than possession, such as conspiracy to possess or distribute narcotics.
Even if the charges involve something minor like possessing drug paraphernalia, drug charges can be serious and can have a lasting impact on a person’s life. Our legal team at the Lustberg Law Offices understands the impact that a drug conviction could have on your life. Call us today for a free consultation regarding your drug charges.
| Common Drug Crimes in New Jersey | Description |
|---|---|
| Possession | Illegal possession of substances, including those requiring a prescription. Penalties vary based on the amount of drugs found and the specific substance. Constructive possession charges can apply if drugs are discovered near an individual, even if they don’t belong to them. |
| Distribution | Involves evidence of actual drug distribution or intent to distribute. Amount of drugs in possession and behavior during arrest can influence charges. Distribution charges encompass intent and selling. Drug trafficking charges apply for dealing in large amounts. Federal involvement is common, especially with importation. |
| Production | Manufacturing or cultivating controlled substances, such as marijuana and methamphetamines, is illegal. |
| Conspiracy | Federal charges may arise from acts related to drug possession or distribution, including conspiracy to possess or distribute narcotics. |
1st Time Drug Offense Penalties NJ
In New Jersey, first-time drug offenders may face harsh penalties, but several diversionary programs can help them avoid jail time and receive necessary treatment. These programs include conditional discharge, pre-trial intervention, drug court, and the Veterans Diversion Program.
- Conditional Discharge:
Conditional discharge allows first-time, non-violent offenders with no prior criminal convictions to avoid a conviction by fulfilling specific conditions. After entering a plea, the court withdraws the conviction, placing the offender on probation for up to three years. Upon completion, the charges are dismissed and can be expunged from the offender’s record.
- Pre-Trial Intervention (PTI):
Pre-trial intervention (PTI) is another program that enables first-time, non-violent offenders to avoid a criminal conviction by completing the program and meeting eligibility criteria. PTI is designed for those facing indictable offenses, commonly known as felonies, such as drug possession, burglary, and other third and fourth-degree crimes. Aggravated assault charges are not eligible.
- Drug Court:
Drug court is a diversion program for non-violent offenders with drug addiction issues. To qualify, participants must have no prior criminal convictions and be willing to undergo drug treatment. They must submit to drug testing and participate in intensive outpatient or inpatient rehabilitation services. Failure of a drug test could result in removal from the program and imposition of the original sentencing. Drug court involves multiple stages, including attendance at 12-step programs, working on self-improvement, and engaging in employment or education.
- Veterans Diversion Program:
The Veterans Diversion Program is specifically designed for eligible veterans with no prior criminal convictions who have committed non-violent offenses. Veterans facing offenses such as heroin possession and prescription fraud may qualify. To be eligible, individuals must exhibit signs or symptoms of mental health issues.
Contact Experienced NJ Criminal Defense Lawyer Adam M. Lustberg for a Free Initial Consultation
If you have been arrested for a serious drug crime, you need an experienced NJ lawyer to defend you and to help you get the charges dropped, altered, or decreased. There are many options available and experienced New Jersey criminal defense attorney Adam M. Lustberg provides just the type of legal counsel you need. Contact Lustberg Law Offices, LLC via our online contact form to determine the best course of action for your case, or call us at (201) 880-5311.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
