Possession with Intent to Distribute Anabolic Steroids

      Conviction for possession of anabolic steroids with the intent to distribute is a very serious crime in New Jersey.  This is a very different offense than mere possession, and carries far harsher consequences.

There are many avenues of defense, generally these rely on defects in how the police obtained the evidence.  The police need probable cause to suspect you of possession and to search your person or vehicle.  They need a warrant to search your home.  If they had neither of these, you may be able to have the evidence thrown out of court and your case dismissed.

It is important to know your rights at all stages of a search, seizure and arrest.  With over 40 years experience as a Judge, Prosecutor, and Defense Counsel, the Attorneys of Avery & Avery know all the tricks and tactics NJ police use to illegally obtain evidence.  As Criminal Defense Lawyer's, we have mastered the identification of flaws in the States case, and will work with you to either avoid a criminal conviction, or have the case thrown out completely.  

In most cases you do have a defense, or a way around Jail, Fines, and a Criminal Record, and it is important to contact an experienced Criminal Defense Attorney immediately to help guide you through our complicated legal system.

New Jersey drug distribution law is governed by N.J.S.A. 2C:35-10.5.  This statute sets out the various penalties for the distribution of all prescription drugs.  As with all title 35 drug offenses, the possible penalties for the sale or the intent to sell within the State of New Jersey vary dramatically depending on how much was for sale.  These guidelines are listed on the right hand side:

Can I Fight my Possession with Intent to Distribute Charge?

There are many possible defenses to Drug Distribution cases.  Anything from a mishap in how the police handled the bust, gathered evidence, or a variety of technical defenses could all effectively kill the States case against you.  These are complicated cases, and are detail and fact sensitive.  You may well have a defense or at least a way around the harsher penalties of a conviction for distributing prescription drugs.  

For the best chance at beating the rap, hire an experienced NJ lawyer who will take the time to go over all avenues of defense with you, and not treat your case like an assembly line.

Do I need a Lawyer?

New Jersey has some of the countries most forgiving Criminal Procedure rules, but also has some of the strictest Prescription Drug Distribution laws.  With years of your life, as well as your future on the line, it is important to protect yourself.  These cases are extraordinarily complex and require years of practice to properly defend.  Don't risk it, contact an experienced NJ Prescription Drug Defense Lawyer now, and have the peace of mind an experienced defense gives you.  

The Lawyers of Avery & Avery specialize in Criminal Drug defense, for a free consultation, please call us at, 201-943-2445, or reach out to us via our contact page.

Frequently Asked Questions

What if I was the one prescribed the drugs?

You may have a defense if they were your personal prescriptions and you gave no more than six doses away and it was intended for the recipients personal use.  

What if I didn't finish the sale?

As the name of the offense indicates, it is the intent to distribute that really matters.  As long as the prosecutor can demonstrate you intended to and had the ability to sell, manufacture, or distribute the steroids, HGH, Pro Hormone, etc, you can be found guilty and you should strongly consider contacting a lawyer.

What if it wasn't real prescription drugs?  

In NJ, if you are expressely or impliedly selling Prescription drugs, even if they are fake or expired, and contains no banned substances, you can still be found guilty under N.J.S.A. 2C:35-11.  These situations are just as dangerous to your future as selling the real thing, and you should consult an experienced NJ Defense Attorney immediately.  Even if you were selling regular Tylenol and claiming it as Percocet or another prescription drug you may still be convictable.

If they have caught me and there are no defenses, what can I do?

In some situations the police have caught the defendant dead to rights and there are no defenses.  In situations like these we have often been successful in downgrading the offense to a far lesser penalty and no jail time.  Another approach is to enter our client into a diversionary program such as Pre Trial Intervention (PTI) or Conditional Discharge.  These programs provide the benefit of no jail time and no criminal record.  We have been successful with combinations of the two as well when dealing with high level offenders.

What do I tell the police? 

We give the same answer to all clients regarding all criminal charges, say nothing!  Until you talk to your NJ Criminal Defense Lawyer.

Is working with the police to have my charges dismissed a possibility?

Sometimes the best approach to avoid prosecution is for a client to "turn state's evidence".  This is an opportunity which occasionally can be worked out with the prosecutor and police in order to have our clients charges dropped.  

How will my possession with intent to distribute charge affect my immigration status?

This is not a simple question.  Depending on what your status is, and what your charges are, there can be vast consequences including deportation from the United States.  Generally a conviction under N.J.S.A. 2C:35-10, is extremely dangerous to your immigration status and may result in deportation, excludability, or ineligibility for citizenship.

It was a cop who bought it from me, is that a defense?  

No this is not a defense.  This is a classic sting operation.  The myth that undercover police officers must identify themselves is simply that, a myth, and has no bearing on the case.

I have been caught on this before, are there any additional penalties?

The courts have a range of authority in sentencing and will generally increase your penalties for distributing the more times you are caught.  For a first offense you may get minimum penalties, for a third offense they may give you the maximum prison times.  For second, third and subsequent distribution offense, it is even more urgent you contact a lawyer.

I didn't have the pills on me when I was busted, is that a defense? 

It depends on whether you in legal terms "constructively" possessed the contraband.  If it was in your house, or arms reach in your car it generally constitutes constructive possession as far as the courts are concerned.  It is the job of an experienced lawyer to cast doubt on that in in court.  

It was in a school zone how does that affect the case?

If the offense took place in a school zone, you may face an additional charge under N.J.S.A. 2C:35-7.  For the full statute click this link.  Generally, if found guilty of this additional charge you may face up to an additional 5 years in prison.  Even if you are originally charged for a small distribution of pot, marijuana, weed, etc, you still can face significant prision time, and it becomes even more urgent you contact an experienced NJ Criminal Defense Attorney, such as those of Avery & Avery.

They found marijuana in the car, what happens?

These cases are just like any other weed possession case.  The penalties remain the same, as does the possible 2 year suspension of drivers license.  Posession of pot in a motor vehicle opens many avenues of possible defense however.  There are many possible defects in the way the police handled the case that could result in suppression of evdience against you.  To determine if this is a possibility, please contact one of our lawyers at 201-943-2445.

What happens when it wasn't mine?

This is a situation that generally occurs in a car.  Usually the police will charge every occupant of the vehicle and it is then up to them to prove in court it wasn't theirs or to compell their friends to cop to it.

I've also been charged with having paraphernalia?

There are several facts the courts will consider when deciding whether or not an object truly constitutes drug paraphernalia, these are:

Any statements of those in possession of the supposed paraphernalia;

     1. The existance or lack of residue in the object;

     2. Evidence of prior use of the object;

     3. Instructions for the use of the object;

     4. And whether there are any legitimate uses for the item.

       Drug paraphernalia charges in NJ almost always accompany possession or distribution charges, are serve as additional proof of knowledge by the defendant making the states case easier.  With the additional penalties such as 6 months in jail for possession of paraphernalia, it is important to contact a NJ Drug Defense Attorney immediately.  For a free consultation call one of our lawyers at 201-943-2445.

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