Bergen County NJ Marijuana Distribution Lawyer

     New Jersey's drug distribution laws are governed by N.J.S.A. 2C:35-5.  This statute sets out the various penalties for the distribution of many drugs including HeroinCocaineMethamphetamine, etc.  As with all these drugs the possible penalties for the sale or the intent to sell weed varies dramatically depending on how much pot, in weight, was for sale.  The sale of drugs carries harash penalties, far harsher than mere possession, and carries far harsher consequences.  If you have been charged for selling weed, call now for a free consultation with a Bergen County NJ Marijuana Distribution Lawyer.


What are the Penalties?

The penalties for the sale of Pot depend upon the amount of weed being sold. For the full statute see here:

Because of the serious nature of drug charges, it is urgent to contact an experienced Bergen County NJ Marijuana Distribution Attorney. For a free consultation, please call 201-943-2445.

4th Degree Crime - Sale of less than one (1) ounce of Marijuana:

  • Up to 18 months in Prison
  • Up to $10,000 Fine
  • 6-24 Month Driver’s License Suspension
  • Criminal Record

3rd Degree Crime - Sale of more than one (1) ounce, but less than 5 pounds of Weed:

  • 3-5 Years in Prison
  • Up to $25,000 Fine
  • 6-24 Month Driver’s License Suspension
  • Criminal Record

2nd Degree Crime - Sale of between 5 and 25 pounds of Pot:

  • 5-10 Years in Prison
  • Up to $150,000 Fine
  • 6-24 Month Driver’s License Suspension
  • Criminal Record

1st Degree Crime - Sale of more than 25 pounds of Dope:

  • 10-20 Years in Prison
  • Up to $300,000 Fine
  • 6-24 Month Driver's License Suspension
  • Criminal Record


Can I fight my Marijuana Distribution Charge?

To properly defend a Bergen County Marijuana Distribution case, you must be intimately familiar with all aspects a such a case may take on; from disproving elements of the States case, to having evidence suppressed.   With over 40 Years Experience as a Judge, Prosecutor, and Criminal Defense Lawyer, the Attorneys of Avery & Avery know how to keep you out of trouble.  We will work with you to either avoid a criminal conviction, or have the case thrown out completely.  For a free consultation with a Criminal Defense Attorney, please call 201-943-2445.


Frequently Asked Questions

What if I didn't finish the sale?

As the name of the offense indicates, it is the intent to distribute that really matters.  As long as the prosecutor can demonstrate you intended to and had the ability to sell, manufacture, or distribute the pot, weed, marijuana, etc, in, you can be found guilty and you should strongly consider contacting a Bergen County Marijuana Distribution Lawyer.

What if it wasn't real marijuana?  

In NJ, if you are expressly or impliedly selling drugs, even if they are fake or expired, and contains no banned substances, you can still be found guilty under N.J.S.A. 2C:35-11.  These situations are just as dangerous to your future as selling the real thing, and you should consult an experienced Bergen County NJ Criminal Defense Attorney immediately.  Even if you were selling Oregano and claiming it as weed  you may still be convictable.

If they have caught me and there are no defenses, what can I do?

In some situations the police have caught the defendant dead to rights and there are no defenses.  In situations like these we have often been successful in downgrading the offense to a far lesser penalty and no jail time.  Another approach is to enter our client into a diversionary program such as Pre Trial Intervention (PTI) or Conditional Discharge. These programs provide the benefit of no jail time and no criminal record.  We have been successful with combinations of the two as well when dealing with high level offenders.

What do I tell the police? 

We give the same answer to all clients regarding all criminal charges, say nothing!  Until you talk to your NJ Criminal Defense Lawyer.

Is working with the police to have my charges dismissed a possibility?

Sometimes the best approach to avoid prosecution is for a client to "turn state's evidence".  This is an opportunity which occasionally can be worked out with the prosecutor and police in order to have our clients charges dropped.  

How will my marijuana distribution charge affect my immigration status?

This is not a simple question.  Depending on what your status is, and what your charges are, there can be vast consequences including deportation from the United States. Generally a conviction under N.J.S.A. 2C:35-5, is extremely dangerous to your immigration status and may result in deportation, excludability, or ineligibility for citizenship.  

Marijuana distribution is far less dangerous to your immigration status than the sale of CocaineHeroin, etc., things are slightly easier.  While the crime may still constitute one of moral turpitude, it may not be an ‘aggravated felony’.  Regardless of this, your immigration status is at great risk and you should contact a Bergen County Marijuana Distribution Lawyer

It was a cop who bought it from me, is that a defense?  

No this is not a defense. This is a classic sting operation.  The myth that undercover police officers must identify themselves is simply that, a myth, and has no bearing on the case.

I have been caught on this before, are there any additional penalties?

The courts have a range of authority in sentencing and will generally increase your penalties for distributing the more times you are caught.  For a first offense you may get minimum penalties, for a third offense they may give you the maximum prison times.  As such, if you have been convicted before for drug distribution, it is even more urgent you contact a Bergen County Marijuana Distribution Defense Lawyer.

I didn't have the weed on me when I was busted, is that a defense? 

It depends on whether you in legal terms "constructively" possessed the contraband.  If it was in your house, or arms reach in your car it generally constitutes constructive possession as far as the courts are concerned.  It is the job of an experienced criminal defense attorney to cast doubt on that in in court.  

It was in a school zone how does that affect the case?

If it is alleged that the marijuana sale was in a school zone, you may face an additional charge under N.J.S.A. 2C:35-7.  For the full statute click this link.  Generally, if found guilty of this additional charge you may face up to an additional 5 years in prison.  Even if you are originally charged for a small distribution of pot, marijuana, weed, etc, you still can face significant prision time, and it becomes even more urgent you contact an experienced NJ Criminal Defense Attorney.

They found the pot in the car, what happens?

These cases are just like any other drug distribution case.  The penalties remain the same, as does the possible 2 year suspension of drivers license.  Posession of drugs in a motor vehicle opens many avenues of possible defense, however.  There are many possible defects in the way the police handled the case that could result in suppression of evidence against you.  To determine if this is a possibility, please contact one of our lawyers at 201-943-2445.

What happens when it wasn't mine?

This is a situation that generally occurs in a car.  Usually the police will charge every occupant of the vehicle and it is then up to them to prove in court it wasn't theirs or to compell their friends to cop to it.

I've also been charged with having paraphernalia?

There are several facts the courts will consider when deciding whether or not an object truly constitutes drug paraphernalia, these are:

Any statements of those in possession of the supposed paraphernalia;

     1. The existance or lack of residue in the object;

     2. Evidence of prior use of the object;

     3. Instructions for the use of the object;

     4. And whether there are any legitimate uses for the item.

Drug paraphernalia charges in NJ almost always accompany possession or distribution charges, are serve as additional proof of knowledge by the defendant making the states case easier.  With the additional penalties such as 6 months in jail for possession of paraphernalia, it is important to contact a Bergen County NJ Marijuana Lawyer immediately.  For a free consultation call one of our lawyers at 201-943-2445. 


Bergen County Superior Court Information:

This Court is responsible for hearing all indictable criminal cases for Bergen County.  These are offenses which are 1st, 2nd, 3rd, or 4th degree crimes.  All other  offenses will be heard in Municipal Court or the Bergen County Central Municipal Court.

The Bergen County Superior Court is located at 10 Main Street, Hackensack, New Jersey 07601.  

The Criminal Division is located in Room 124.  Here you will complete any intake forms and appearances.  There are several court rooms which are dedicated to hearing criminal matters, and you will be directed to which one on your summons.

Parking: There is a parking garage adjacent to the court house.  There is a fee to park so you must bring your ticket with you and pay for it before getting back in your vehicle.

Judge: There are numerous Judges assigned to the criminal division, please check your summons to determine which Judge you will be before.

Criminal Division Manager: Leslie Darcy

Assistant Managers, Charlette Phipps and Robert Sozio

Phone: 201-527-2400, 2600

Fax: 201-371-1113


Bergen County NJ Prosecutor’s Office Information:

The Prosecutors office is responsible for charging and conducting proceedings against all defendants cited for crimes in Bergen County.  They are located in the Bergen County Justice Center at 10 Main Street, Hackensack. They are not responsible, however, for most driving charges, including most DUI's.  Drunk Driving cases in NJ are usually heard in the Municipality where the offense took place. 

Phone: 201-646-2300

Fax: 201-646-3794

Bergen County Prosecutor: Gurbir S. Grewal, Esq.

First Assistant Prosecutor: John L. Higgins III, Esq.

Executive Assistant: Frank T. Puccio

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