Bergen County Drug Defense Lawyer

Bergen County Drug Defense Lawyer

You got caught with drugs in Bergen County. Maybe police found cocaine in your car during a traffic stop in Paramus. Maybe you got arrested with heroin in Hackensack. Maybe it was prescription pills without a prescription, or marijuana over the legal amount. Now you’re trying to understand what charges you’re facing – possession versus intent to distribute, which court will hear your case, what a drug conviction means for your future.

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 50 years combined experience defending drug cases in New Jersey and New York. We handle drug charges in Bergen County Superior Court and Municipal Courts throughout the county. This article explains New Jersey’s drug laws under N.J.S.A. 2C:35, the difference between possession and distribution charges, and why the amount and type of substance determines everything about your case.

Marijuana Versus Everything Else

New Jersey decriminalized marijuana in 2021 – you can legally possess up to six ounces for personal use. This changed everything about marijuana prosecutions. If you’re caught with six ounces or less, first offense is a written warning. But that tolerance doesn’t extend to anything else. Cocaine, heroin, prescription opioids without valid prescription, methamphetamine – these remain serious criminal offenses with mandatory minimum sentences and presumptions of incarceration.

Bergen County prosecutors treat marijuana cases completely differently than they treat cocaine or heroin cases. Marijuana possession under six ounces doesn’t get prosecuted criminally unless you’re selling it or it’s part of a larger criminal enterprise. But any amount of cocaine or heroin – even residue in a baggie – is a third-degree indictable offense carrying three to five years state prison. The substance matters more than the amount when it comes to charging decisions.

We’ve defended cases where someone had a single Percocet pill without prescription – third-degree crime. Another case involved residue of heroin in an empty bag found during a search – still charged as third-degree possession. The prosecutor’s approach is that hard drugs get prosecuted aggressively regardless of quantity, while marijuana cases get diverted or dismissed unless there’s evidence of distribution. This two-tier system means your defense strategy depends entirely on what substance they found.

Possession Versus Intent to Distribute

Under N.J.S.A. 2C:35-5, distribution or possession with intent to distribute is a much more serious charge than simple possession. Police and prosecutors look at specific factors to determine intent: amount of drugs, packaging (multiple small bags versus one larger bag), scales, cash, text messages discussing sales, location where you were arrested. Finding 50 small bags of cocaine packaged individually gets charged as intent to distribute even if you claim it was all for personal use.

Bergen County Prosecutor’s Office has narcotic detectives who specialize in drug cases. They know how drug dealers package product, they know street prices, they know distribution networks. When they build an intent to distribute case, they’re looking at your phone records, surveillance footage, confidential informant testimony. We’ve handled cases where the only evidence of intent was the amount – client had two ounces of cocaine, prosecutor argued no one keeps that much for personal use, therefore it must be for distribution. That inference alone can support an intent charge.

Distribution charges carry higher penalties than possession. First-degree distribution – five ounces or more of heroin or cocaine – carries 10 to 20 years state prison with presumption of incarceration. Even third-degree distribution carries three to five years. The difference between possessing two grams versus distributing two grams is massive in terms of sentencing exposure. Your attorney needs to challenge the evidence of intent early, before the case reaches indictment stage, because once the grand jury indicts for distribution, negotiating down to possession becomes much harder.

School Zone and Public Property Enhancements

New Jersey imposes enhanced penalties for drug offenses within 1,000 feet of school property or 500 feet of public parks. In Bergen County – densely populated with schools in every municipality – this means most drug arrests fall within a school zone. Paramus, Hackensack, Fort Lee, Teaneck – every town has multiple schools, and 1,000 feet covers several blocks in each direction. You can be arrested three blocks from a school and still face school zone charges.

School zone distribution carries mandatory minimum prison time – you must serve one-third to one-half of your sentence before parole eligibility. This eliminates judicial discretion for probation or county jail time. Even first-time offenders face mandatory state prison if convicted of school zone distribution. The enhancement adds additional fines up to $150,000 and extends mandatory community service requirements. We’ve defended cases where the defendant had no idea a school was nearby – ignorance isn’t a defense, the statute applies regardless of whether you knew about the school’s proximity.

Challenging school zone enhancements requires proving the offense didn’t occur within the specified distance. This means obtaining maps, GPS coordinates, surveyor measurements showing the actual distance from school property to arrest location. Bergen County prosecutors don’t concede school zone allegations easily – they measure from the nearest point of school property, which can include parking lots and athletic fields, not just the school building. If the measurement is close, they’ll argue for the enhancement. Having an attorney who challenges these measurements through expert testimony can mean the difference between mandatory prison and eligibility for probation.

Conditional Discharge and Drug Court

First-time offenders charged with drug possession may qualify for conditional discharge under N.J.S.A. 2C:36A-1. This is New Jersey’s diversion program for drug possession – you plead guilty but sentencing is suspended. Instead you complete probation, drug testing, counseling. Successfully complete the program and the charges get dismissed – no conviction on your record. But conditional discharge isn’t automatic. The prosecutor can object, and certain circumstances – prior record, violence during the arrest, large quantities – make you ineligible.

Bergen County Drug Court is another option for defendants with substance abuse issues. Drug Court requires intensive treatment, frequent court appearances, random drug testing, and compliance with strict conditions over 12 to 18 months. Successfully complete Drug Court and your charges get significantly reduced or dismissed. But failing drug tests, missing appointments, or getting rearrested while in the program results in termination and return to regular prosecution – often with harsher penalties because you’ve admitted guilt as part of entering the program.

We’ve guided many clients through conditional discharge and Drug Court. The key is making a strong application showing you’re a good candidate for treatment rather than incarceration. This means documenting employment, family support, willingness to engage in treatment, lack of prior criminal history. Bergen County judges want to see genuine commitment to sobriety and rehabilitation. A defense attorney who knows the local Drug Court judges and prosecutors can frame your application to maximize acceptance chances and guide you through the program requirements to successful completion.

Search and Seizure Defenses

Most Bergen County drug arrests result from vehicle stops or home searches. Fourth Amendment protections against unreasonable searches apply – police need probable cause to search your car, consent to search your home, or a valid search warrant. We’ve successfully suppressed drug evidence where police exceeded the scope of a traffic stop, searched without consent, or executed a warrant for the wrong address. Winning a suppression motion means the prosecution can’t use the drugs as evidence – often resulting in dismissal of all charges.

Bergen County police departments – Paramus PD, Hackensack PD, Fort Lee PD – conduct hundreds of vehicle stops monthly. Many turn into drug arrests when officers claim they smell marijuana or see drugs in plain view. We challenge these justifications by reviewing dashcam footage, body camera recordings, police reports for inconsistencies. Sometimes the claimed smell of marijuana is the only justification for the search, and New Jersey courts have held that smell alone – after marijuana decriminalization – doesn’t automatically justify searching a vehicle for other drugs.

At Spodek Law Group – we’ve defended hundreds of drug cases in Bergen County courts and know which suppression arguments succeed with local judges. Todd Spodek has tried drug cases in Hackensack Superior Court and challenged searches that violated constitutional protections. If you’re facing drug charges in Bergen County, call us at 212-300-5196. The sooner we review the police reports and evidence, the faster we can identify Fourth Amendment violations and file suppression motions that could get your case dismissed.