Illegal Drug, Gun, & DWI Defense in South Jersey
- New Jersey Office
505 South Lenola Road, Suite 115
Moorestown, NJ 08057
- Phone: 856-671-0737
From our office in Moorestown, New Jersey our criminal defense law firm proudly represent people throughout all of Southern New Jersey (Atlantic, Cape May, Camden, Cumberland, Burlington, Gloucester, Ocean Counties) charged with illegal gun, drug, narcotics, and DWI offenses.
New Jersey maintains one of the toughest in gun laws in the United States. Remember that your gun permit, even from a bordering state like Pennsylvania or New York is not valid [Gun Laws] in New Jersey. If you cross the bridge into New Jersey with a gun without a license for it, you are committing a very serious crime. The main statute covering the unlawful or illegal use of a firearm is known as the Graves Act. This law, N.J.S.A. 2C:43-6(c), imposes a mandatory minimum state prison sentence for the following crimes:
- Unlawful possession of a machine gun, hand gun, riffle, or shotgun
- Possession of a sawed off shotgun
- Possession of a defaced firearm
- Possession of a firearm while in the course of committing a drug distribution or possession
- Possession of certain weapons by a person previously convicted of a specified offense
Like other states, it’s a crime to illegally manufacture, distribute, or dispense a controlled substance or its analog in New Jersey N.J.S.A. 2C: 35-5(a)(1). Similar to Pennsylvania the severity of the criminal penalty is dependent upon the substance and the quantity of that substance. The burden of proof that the prosecution must meet is guilt beyond a reasonable doubt and it requires the prosecution to meet all of the following three (3) elements:
The item is a controlled substance or its analog;
The defendant either manufactured, dispensed, or distributed it;
The defendant acted knowingly or purposely
Manufacturing is defined very broadly in New Jersey and it’s the preparation, compounding, conversion or processing of a controlled substance (narcotic or drug) either directly or indirectly. This definition includes packaging or repacking of the substance as well as the cultivation of marijuana, “re-rocking” cocaine, as well as diluting or using cutting agents for drugs such as heroine, N.J.S.A. 2C: 35-2.
Dispensing or distributing is defined in the Garden State as the delivery of a controlled substance or its analog to its ultimate user and it includes the sharing of a substance with a friend at a party or club for example. The prosecution, however, must prove that the defendant acted purposely or knowingly and this means that the “conscious object of the defendant” was to manufacture, distribute, or dispense the drug.
In New Jersey, a person is guilty of drunk driving if he/she operates a motor vehicle with a blood alcohol concentration (BAC) of .08% or greater. BAC refers to the amount of alcohol in your blood. While the state has set the minimum intoxication level at .08%, readers should know that New Jersey can still convict of drunk driving if the prosecution can establish your consumption of alcohol (or drugs) negatively impacted your ability to operate a motor vehicle safely within a state.
New Jersey law specifies that upon conviction for a DUI where the BAC is .08% or higher, but less than .10%, the offender is subject to a fine of $250.00 – $400.00, a maximum of 30 days in prison, a minimum 3 month license suspension, a minimum of 12 hours at an intoxicated driver resource center, and an automobile insurance surcharge of $1,000.00 for 3 years. (See P.L. 2003, chapter 314).
If an individual is convicted of DUI with a BAC of .10% or higher, or the prosecution can establish that the person was under the influence of an illegal drug the person is subject to a fine of $300.00 – $500.00, a maximum of up to 30 days in jail, a minimum license suspension of 7 months, a minimum of 12 hours at an intoxicated drivers resource center, and an automobile insurance surcharge of $1,000.00. In cases where a BAC is .15% or higher, a person is subject to all of those penalties in addition to an ignition interlock device for a period of 6 months – 1 year after license restoration.