Cocaine Possession With Intent To Distribute, N.J.S.A. 2C:35-5

Mad Hatter, by Walt Disney
(Original Trailer (1951))
[Public domain],
via Wikimedia Commons

On August 23, 2012, Monroe Township police charged Joseph Pinizzotto, Jr., and Amber Currywith with various crimes, according to nj.com. Among the charges is possession with intent to distribute crack cocaine, according to courierpostonline.com.

Law enforcement officials seized the alleged crack cocaine during the execution of a search warrant at a residence near the 900 block of North Beecham Road in Monroe's Williamstown section, according to news reports.

Press reports indicate authorities lodged Pinizzotto in the Gloucester County Jail on $150,000.00 bail, and released Curry when she posted $2,500.00 bail.

New Jersey law prohibits controlled dangerous substance (CDS) possession with intent to distribute, defined as any person who knowingly or purposely:

1. manufactures, distributes, or dispenses, or possesses or has under his control with intent to manufacture, distribute or dispense, CDS or CDS analog, or
2. creates, distributes, or possesses or has under his control with intent to distribute counterfeit CDS.

The degree of crime and penalties for cocaine possession with intent to distribute, based on N.J.S.A. 2C:35-5, depend on the amount of cocaine, including any adulterants or dilutants.

• FIRST DEGREE CRIME (FELONY)
  • Quantity: Five ounces or more
  • State Prison: Between ten years and twenty years
  • Mandatory minimum: One-half to one-third of sentence
  • Fines: Between $200,000.00 and $500,000.00
  • DEDR Penalty*: $3,000.00


• SECOND DEGREE CRIME (FELONY)
  • Quantity: One-half ounce but less than five ounces
  • State Prison: Between five years and ten years
  • Fines: Up to $150,000.00
  • DEDR Penalty*: $2,000.00


• THIRD DEGREE CRIME (FELONY)
  • Quantity: less than one-half ounce
  • State Prison: Between three years and five years
  • Fines: Between $15,000.00 and $75,000.00
  • DEDR Penalty*: $1,000.00


• ADDITIONAL PENALTIES
  • Drug Court for qualified applicants
  • Victims of Crime Compensation Assessment (VCCA): $50
  • Law Enforcement Officer Training & Equipment Fund: $30
  • Safe Neighborhood Services Fund Assessment: $75
  • Drug Abuse Education Fund: $50
  • Lab Fee: $50
  • Driver's License Suspension: Six months to twenty-four months
  • Court Costs

*DEDR stands for Drug Enforcement Demand Reduction.

Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding CDS Possession With Intent to Distribute. Call Now—(856) 812-0321.

Shoplifting, N.J.S.A. 2C:20-11

Expulsion from the Garden of Eden
By Elisabeth Keyser (1851 - 1898)
[Public domain],
via Wikimedia Commons

On August 7, 2012, news site nj.com reported the arrest of Lester Williams for Shoplifting.

The Jersey City resident allegedly tried to leave a Bayonne Walmart with two flat-screen televisions in his shopping cart without paying.

Police arrived to find Williams in the custody of store security. The merchandise, according to nj.com, had an alleged value of $556.00.

New Jersey law criminalizes the conduct of any person who purposely takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.

With some similarities to Theft, Shoplifting is graded as follows:

SECOND DEGREE:

• Full retail value at least $75,000; or
• In furtherance of or in conjunction with organized retail theft enterprise and full retail value is $1,000.00 or more
• Sentencing exposure five to ten years New Jersey State Prison

THIRD DEGREE:

• Full retail value greater than $500 and less than $75,000; or
• In furtherance of or in conjunction with organized retail theft enterprise and full retail value is less than $1,000.00
• Sentencing exposure three to five years New Jersey State Prison

FOURTH DEGREE:

• Full retail value between $200 and $500, inclusive;
• Sentencing exposure eighteen months New Jersey State Prison

DISORDERLY PERSON:

• Full retail value less than $200.
• Sentencing exposure six months county jail

Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on any case regarding Shoplifting. Call Now—(856) 812-0321.