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New Jersey Attorney Defending Those Accused of
Distribution of Drugs Near School or Certain Public Property
Being charged with Drug Distribution is taken very seriously in New Jersey. A conviction for Drug Distribution can have devastating consequences including jail or prison time. It can also impact employment, housing, finances, education, reputation, and relationships. Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side.
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Ms. Denholtz is a fierce criminal defense trial attorney with over a decade of experience. Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of Drug Distribution. With a proven track record of success, Ms. Denholtz has handled approximately 1,500 felony-level cases to conclusion, including countless Drug Distribution cases.
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At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves. If you or a loved one are facing Drug Distribution charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.
Distribution of CDS Near or On School Property
(N.J.S.A. 2C:35-7)
Distribution of CDS Near or On School Property: Any person who distributes, dispenses, or possesses with intent to distribute a controlled dangerous substance or controlled substance analog while on any school property used for school purposes, or within 1,000 feet of such school property or a school bus, is guilty of a crime of the 3rd degree (punishable by up to 5 years in New Jersey State Prison), and shall, except as provided in N.J.S. 2C:35-12 (Waiver of Mandatory Minimum and Extended Terms), be sentenced by the court to a term of imprisonment. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, 1/3 and 1/2 of the sentence imposed, or 3 years, whichever is greater, during which the defendant shall be ineligible for parole. A fine of up to $150,000 may also be imposed upon any conviction for a violation of this section.
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*NOTE: It is not a defense that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property.
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Waiver or Reduction of Parole Ineligibility Term: Under N.J.S.A. 2C:35-7(b)(1), the court may waive or reduce the minimum term of parole ineligibility required or place the defendant on probation. In making this determination, the court shall consider:
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The extent of the defendant's prior criminal record and the seriousness of the offenses for which the defendant has been convicted;
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The specific location of the present offense in relation to the school property, including distance from the school and the reasonable likelihood of exposing children to drug-related activities at that location;
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Whether school was in session at the time of the offense; and
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Whether children were present at or in the immediate vicinity of the location when the offense took place.
Instances Where Waiver of Parole Ineligibility Term Not Allowed: Under N.J.S.A. 2C:35-7(b)(2), the court shall not waive or reduce the minimum term of parole ineligibility or sentence the defendant to probation if it finds that:
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The offense took place while on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or while on any school bus; or
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The defendant in the course of committing the offense used or threatened violence or was in possession of a firearm.
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Distribution of CDS Within 500 Feet of Certain Public Property (N.J.S.A. 2C:35-7.1)
Distribution of Drugs Within 500 Feet of Certain Public Property: Under N.J.S.A. 2C:35-7.1(1)(a), any person who distributes, dispenses, or possesses with intent to distribute a controlled dangerous substance or controlled substance analog while in, on or within 500 feet of the real property comprising a public housing facility, a public park, or a public building is guilty of a crime of the 2nd degree (punishable by up to 10 years in New Jersey State Prison), except that it is a crime of the 3rd degree (punishable by up to 5 years in New Jersey State Prison) if the violation involved less than one ounce of marijuana.
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“Public Housing Facility” Defined: "Public housing facility" means any dwelling, complex of dwellings, accommodation, building, structure or facility and real property of any nature appurtenant thereto and used in connection therewith, which is owned by or leased to a local housing authority for the purpose of providing living accommodations to persons of low income. See N.J.S.A. 2C:35-7.1(1)(f).
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“Public Park” Defined: "Public park" means a park, recreation facility or area or playground owned or controlled by a State, county or local government unit. See N.J.S.A. 2C:35-7.1(1)(f).
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“Public Building” Defined: "Public building" means any publicly owned or leased library or museum. See N.J.S.A. 2C:35-7.1(1)(f).
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*NOTE: The fact that the defendant was not aware that the prohibited conduct took place while on or within 500 feet of certain public property is not a defense to a crime under this statute. See N.J.S.A. 2C:35-7.1(1)(b).
Contact a New Jersey Drug Offense
Lawyer for a Free Consultation
Criminal cases are very complex and highly specialized. If you or a loved one are facing Drug Possession charges, it is crucial to hire an experienced criminal defense attorney. At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation. No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation. Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.