NEWARK—The Essex County Sheriff’s Office Bureau of Narcotics charged a father and son after a raid on their bodega. The cops allegedly seized pot, cocaine and pills, per the news. The authorities executed a search warrant, suggesting they had the pair under surveillance for some time. This is because the Fourth Amendment1
requires police to file sworn affidavits with the court to establish probable cause before a judge will issue a warrant. Of course, the investigation provides the basis for the affidavits. Additionally, before entering the store, surveillance officers claim they saw the father remove a black bag from a nearby parked car and place it behind the store’s counter. Authorities claim this bag held cocaine and marijuana. Furthermore, the police also claim to have found an opioid pain medication while executing the warrant. Among other crimes, the cops filed charges for cocaine possession with intent to distribute.
Cocaine Possession With Intent to Distribute, N.J.S.A. 2c:35-5
New Jersey law prohibits controlled dangerous substance (CDS) possession with intent to distribute. It is defined as
any person who knowingly or purposely:
- manufactures, distributes, or dispenses, or possesses or has under his control with intent to manufacture, distribute or dispense, CDS or CDS analog, or
- creates, distributes, or possesses or has under his control with intent to distribute counterfeit CDS.
The degree 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: Five ounces or more
Second Degree Crime: At least one-half ounce but less than five ounces
Third Degree Crime: Less than one-half ounce
1 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. U.S. Const. amend. IV. See also N.J. Const. art. 1 ¶ 7.
CDS 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.