Under New Jersey law, it is illegal for any person to knowingly possess or control a controlled dangerous substance, with the intent to manufacture or distribute that substance. This essentially means that unless you have a valid legal justification, it is unlawful to possess controlled dangerous substances, to sell/distribute them, or to intend to sell or distribute them in the State of New Jersey.
If you have been charged with drug manufacturing or distribution in the State of New Jersey, you need an experienced criminal attorney on your side who can represent you every step of the way.
An experienced New Jersey drug manufacturing lawyer will be able to safeguard and protect all of your legal and Constitutional rights while your case is pending in the court system.
Drugs InvolvedDrug manufacturing charges may involve many different types of illegal drugs. The most common illegal drugs that form the basis for a drug manufacturing charge include the following:
- Marijuana
- Cocaine
- Crack cocaine
- Heroin
- Ecstasy
- Methamphetamines
- Oxycotin
- Oxycodone
In a New Jersey drug manufacturing case, the State has the burden of proving the defendant’s guilt. Specifically, the prosecution must prove all of the following elements, beyond a reasonable doubt, in order to obtain a conviction:
- That the alleged substance qualifies as a controlled dangerous substance under New Jersey law
- That the defendant possessed or controlled the substance
- That the defendant either intended to sell or distribute the controlled substance or actually succeeded in doing so
- That the defendant acted knowingly and intentionally
Drug manufacturing crimes are treated very seriously under New Jersey law. As such, the penalties upon conviction can be extremely harsh. These potential penalties generally depend upon the type and quantity of the drugs manufactured and/or distributed.
Courts will also consider certain factors, including the location or facility where the drugs were manufactured or grown, the location where the drugs were prepared for street sale, and the facilities where the drugs were measured or packaged for sale.
Defenses Against Drug Manufacturing ChargesDrug manufacturing is a serious charge. However, several potential legal defenses are available to criminal defendants under New Jersey law. The most common defenses to a New Jersey drug manufacturing charge include the following:
- Improper or deficient Miranda warnings
- Mistaken identity
- Illegal search or seizure of the manufactured drugs (or of the manufacturing facility)
- Lack of probable cause
- Drugs not in plain view
- Improper interrogation techniques by law enforcement officers
The State of New Jersey treats drug manufacturing convictions harshly. In the eyes of the law (and most criminal court judges), a person who manufactures drugs poses a serious danger to society-at-large, and the potential penalties upon conviction can be significant.
A knowledgeable lawyer can also review all of the facts and circumstances of your particular case and may be able to help you obtain a favorable plea deal with the prosecution – or even a complete dismissal of your charges, in some cases.
An experienced criminal defense attorney may be able to help you obtain a dismissal of your charge, a charge reduction, or a lighter criminal sentence upon conviction.