Hackensack, NJ – New Jersey residents facing drug trafficking charges may be surprised to learn how quickly these allegations can lead to long prison sentences. According to Bergen County drug crimes Attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/drug-trafficking-laws-new-jersey/), individuals accused of distributing or possessing drugs with intent to distribute face charges under N.J.S.A. 2C:35-5, charges that range from fourth-degree to first-degree felonies. A first-degree conviction carries a sentence of 10 to 20 years in prison, while “kingpin” charges for leading a drug network can result in life imprisonment with 25 years of parole ineligibility.
Bergen County drug crimes Attorney Adam M. Lustberg emphasizes that what many people refer to as “trafficking” is not a specific charge in New Jersey law. Instead, it is typically prosecuted under statutes addressing drug manufacturing, distribution, and possession with intent to distribute. Lustberg, who represents clients through Lustberg Law Offices, LLC, notes that New Jersey prosecutors aggressively pursue these cases and often stack related charges such as conspiracy or distribution in protected zones to increase pressure on defendants.
“Trafficking charges require proof of intent to distribute, not just large quantities,” said Bergen County drug crimes Attorney Adam M. Lustberg. “Scales, packaging materials, and messages can prove intent even with small amounts.”
In his work at Lustberg Law Offices, LLC, Attorney Lustberg guides clients through the complicated legal process that accompanies trafficking charges, including navigating investigations by local and federal law enforcement agencies. These investigations often involve the DEA and other federal entities when the alleged conduct crosses jurisdictional lines or involves large-scale distribution.
According to Lustberg, understanding the difference between simple possession and trafficking is critical. Possession involves having a controlled substance for personal use, while trafficking implies an intent to distribute, even if no money changes hands. The presence of text messages discussing sales, packaging materials, or large sums of cash can lead prosecutors to file trafficking charges based on circumstantial evidence.
New Jersey law outlines penalties by drug type and quantity, and charges may escalate based on where the alleged crime took place. For instance, distribution within 1,000 feet of school property or 500 feet of public housing or parks can lead to additional charges with enhanced sentencing. Furthermore, if the State alleges the use of a minor in the drug distribution process, mandatory minimum prison terms apply.
Attorney Lustberg also points out that the presence of a firearm during a drug offense can significantly increase legal exposure. “If a firearm is involved, it can result in separate charges and mandatory minimum sentences,” he explains. These factors can shift a second-degree case into a more serious first-degree matter or lead to concurrent charges in federal court.
Despite the severity of trafficking penalties, Lustberg says that first-time offenders may still have options, depending on the circumstances. New Jersey offers diversion programs like Pretrial Intervention (PTI), Recovery Court for individuals with substance use disorders, and conditional discharge for specific low-level drug offenses. However, most of these options are aimed at lower-degree charges, and prosecutors are generally less willing to approve diversion for serious trafficking allegations without charge reductions.
At Lustberg Law Offices, LLC, Adam M. Lustberg works to identify viable defenses for his clients. These may include challenging illegal searches and seizures, contesting the intent to distribute, or demonstrating insufficient evidence. For example, if law enforcement obtained evidence without a valid warrant or exceeded the scope of a legal search, a motion to suppress may result in the exclusion of key evidence.
Another defense strategy involves questioning the accused’s knowledge of the drugs or their intent. The law requires prosecutors to prove that the accused knowingly and purposely engaged in distribution. If intent or knowledge cannot be established beyond a reasonable doubt, the charges may be reduced or dismissed.
Adam M. Lustberg also handles cases involving conspiracy charges and drug production facility operations, which are often filed alongside trafficking counts. These additional charges serve to increase bargaining leverage for prosecutors and complicate the defense process.
People charged in Bergen County are processed through the Bergen County Superior Court at the Justice Center in Hackensack. Pretrial detention may occur at the Bergen County Corrections & Rehabilitation Center. Lustberg encourages individuals to act quickly if arrested or under investigation and to avoid speaking to law enforcement without legal representation.
“Remain silent, request a lawyer immediately, and do not consent to searches,” Lustberg advises. “Early legal representation protects the rights and gives the chance at a favorable outcome.”
Those arrested for trafficking should document all interactions with law enforcement and seek immediate legal help. With penalties ranging from 18 months to life imprisonment, the stakes are high.
Adam M. Lustberg continues to provide legal defense for drug trafficking charges throughout Bergen County and the broader New Jersey area. At Lustberg Law Offices, LLC, he assesses each case individually and crafts legal strategies designed to protect his clients’ rights, whether through litigation, negotiation, or the pursuit of diversionary outcomes.
Anyone facing drug trafficking allegations in New Jersey should take these charges seriously. Legal consequences can be long-lasting and severe, but with strong representation, individuals have the opportunity to challenge the case against them and pursue more favorable outcomes.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a New Jersey-based criminal defense law firm led by Adam M. Lustberg. The firm represents clients throughout Bergen County and across the state in a range of criminal matters, including drug trafficking, possession, distribution, and conspiracy charges. Adam M. Lustberg is committed to protecting the rights of individuals facing prosecution and works to develop tailored legal defenses in each case.
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Contact Person: Adam M. Lustberg
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Phone: (201) 880-5311
Address:One University Plaza Dr Suite 212
City: Hackensack
State: New Jersey 07601
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Website: https://www.lustberglaw.com/