2C:35-3. Leader of Narcotics Trafficking Network
Drug crimes account for the vast majority of cases in New Jersey courts. In addition to possible incarceration, defendants convicted of and CDS crime in New Jersey face 6 to 24 months of driver’s license suspension, a criminal record and high fines. Our New Jersey CDS defense attorneys will fight for you regardless of what type of possession or distribution charge you are facing. With four offices in New Jersey, our CDS defense attorneys can represent you in any court in New Jersey. For more than 35 years, we have fought for thousands of clients and successfully defended them against all New Jersey CDS charges.
Our New Jersey CDS defense attorneys can represent you in any court in New Jersey with regard to any of these charges:
- Possession of Marijuana, 2C:35-10A(4)
- Distribution of Marijuana, 2C:35-5b(10)
- Drug Paraphernalia, 2C:36-2
- Possession of Hypodermic Needle, 2C:36-6
- Possession of CDS, 2C:35-10
- Possession of Prescription Drugs, 2C:35-24
- Possession With Intent, 2C:35-5
- School Zone, 2C:35-7
- Distribution on Public Property, 2C:35-7.1
- Maintaining a CDS Production Facility, 2C:35-4
- Manufacturing Flunitrazepam, 2C:35-5.3
- Possession of Flunitrazepam, 2C:35-10.3
- Manufacturing Gamma Hydroxybutyrate, 2C:35-5.2
- Possession of Gamma Hydroxybutyrate, 2C:35-10.2
- Meth, 2C:35-5b(9)
- Obtaining CDS by Fraud, 2C:35-13
- Drug-Induced Deaths, 2C:35-9
- Employing a Juvenile in Drug Distribution, 2C:35-6
- Leader of Narcotics Trafficking Network, 2C:35-3
- LSD, 2C:35-5b(7)
2C:35-3. Leader of Narcotics Trafficking Network
A person is a leader of a narcotics trafficking network if he conspires with two or more other persons in a scheme or course of conduct to unlawfully manufacture, distribute, dispense, bring into or transport in this State methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam or any controlled dangerous substance classified in Schedule I or II, or any controlled substance analog thereof as a financier, or as an organizer, supervisor or manager of at least one other person.
Leader of narcotics trafficking network is a crime of the first degree and upon conviction thereof, except as may be provided by N.J.S.2C:35-12, a person shall be sentenced to an ordinary term of life imprisonment during which the person must serve 25 years before being eligible for parole. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may also impose a fine not to exceed $ 750,000.00 or five times the street value of the controlled dangerous substance, controlled substance analog, gamma hydroxybutyrate or flunitrazepam involved, whichever is greater.
Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of leader of narcotics trafficking network shall not merge with the conviction for any offense which is the object of the conspiracy. Nothing contained in this section shall prohibit the court from imposing an extended term pursuant to N.J.S.2C:43-7; nor shall this section be construed in any way to preclude or limit the prosecution or conviction of any person for conspiracy under N.J.S.2C:5-2, or any prosecution or conviction under N.J.S.2C:35-4 (maintaining or operating a CDS production facility), N.J.S.2C:35-5 (manufacturing, distributing or dispensing), N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme), N.J.S.2C:35-9 (strict liability for drug induced death), N.J.S.2C:41-2 (racketeering activities) or subsection g. of N.J.S.2C:5-2 (leader of organized crime).
It shall not be necessary in any prosecution under this section for the State to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attendant circumstances, including but not limited to the number of persons involved in the scheme or course of conduct, the actor’s net worth and his expenditures in relation to his legitimate sources of income, the amount or purity of the specified controlled dangerous substance, controlled substance analog, gamma hydroxybutyrate or flunitrazepam involved, or the amount of cash or currency involved.
It shall not be a defense to a prosecution under this section that such controlled dangerous substance, controlled substance analog, gamma hydroxybutyrate or flunitrazepam was brought into or transported in this State solely for ultimate distribution or dispensing in another jurisdiction; nor shall it be a defense that any profit was intended to be made in another jurisdiction.
It shall not be a defense that the defendant was subject to the supervision or management of another, nor that another person or persons were also leaders of the narcotics trafficking network.
From Newark to Trenton, Jersey City to Atlantic City, our narcotics defense lawyers will fight you in any court in New Jersey. With an office in New Brunswick, our team of tough, smart criminal defense lawyers are easy to reach from anywhere in New Jersey. Call us today to begin the fight against your New Jersey drug charges!
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