Possession With Intent To Distribute In Toms River, New Jersey

According to New jersey state law, it is illegal for people to knowingly or purposely retain in his/her possession, or have under his / her control, with intentions to distribute, a controlled dangerous substance. There are many forms of substances described in the NJ controlled and dangerous substance statute. These include things like, but are not limited to, marijuana, heroin, cocaine, lysergic acid diethylamide, and methamphetamine.

Generally speaking, there are 4 elements to a possession with intent to distribute charge that the state has to establish beyond a reasonable doubt to obtain a conviction.

First, the state has to establish that the substance in evidence is the controlled substance that it is believed to be. Second, they must show that the person charged possessed, or had under his/her control, the substance in evidence. Third, that the criminal defendant, if in possession or control of the substance in evidence, had the intent to distribute the substance. Finally, that the criminal defendant acted knowingly or purposefully in possessing or controlling with the intent to distribute the substance in evidence.

There are several major consequences of pleading guilty to a drug charge in New jersey. You will likely have to appear in open court and tell the judge what you did that makes you guilty of the particular crime. You could also have to assert that you realize that if you plead guilty, you will have a criminal record, that you may well go to jail or prison, and that you will have to pay any fines and court costs assessed against you.

You might also have to submit to random controlled substance and urine testing. Additionally, you may possibly be demanded to supply a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.

In several NJ substance cases, the defendant may lose his/her driver’s license for 6 months to over 2years. Additional penalites might include community service and the loss of the right to vote.