Burlington County Possession with Intent to Distribute Lawyer — What Are Your Defenses?
A possession with intent to distribute charge in Burlington County is a second-degree crime under N.J.S.A. 2C:35-5, carrying 5-10 years in prison and fines up to $150,000. Law Offices Of SRIS, P.C. provides a strong defense against these serious allegations. Our team challenges the prosecution’s evidence on intent, quantity, and search legality. Contact us for a 24/7 consultation.
New Jersey Law on Possession with Intent to Distribute (PWID)
In New Jersey, a charge of Possession with Intent to Distribute (PWID) is governed by N.J.S.A. 2C:35-5. This statute makes it unlawful for any person to knowingly or purposely possess a controlled dangerous substance (CDS) with the intent to distribute it. The severity of the charge and its penalties depend heavily on the type and quantity of the drug involved. For example, possession with intent to distribute heroin, cocaine, or methamphetamine is typically a second-degree crime. The prosecution must prove beyond a reasonable doubt that you not only possessed the drugs but also had the specific intent to sell or deliver them to another person.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Official Legal Resources
For the full text of the statute, refer to the official N.J.S.A. 2C:35-5 (New Jersey Legislature). For local court procedures and rules, visit the Burlington Vicinage website (New Jersey Courts).
Facing a PWID Charge in Burlington County Court
PWID cases in Burlington County are prosecuted aggressively in the Superior Court, Law Division, Criminal Part in Mount Holly. A key local procedural fact is that the Burlington County Prosecutor’s Office often relies on circumstantial evidence to prove intent, such as the presence of scales, baggies, large amounts of cash, or text messages. The outcome of your case can depend on effectively challenging this evidence and the legality of the search that led to your arrest.
- Initial Arrest & Charges: You will be charged, and the state will file a motion for pre-trial detention if the charge is a second-degree crime.
- Detention Hearing: A hearing is held within 48 hours of your arrest to determine if you will be released pending trial.
- Pre-Indictment Phase: Your attorney reviews discovery, files motions to suppress evidence, and may negotiate with the prosecutor before the case is presented to a grand jury.
- Grand Jury Indictment: For felony-level PWID charges, a grand jury will review the evidence to issue a formal indictment.
- Pre-Trial Motions & Negotiations: Your lawyer files motions and engages in plea negotiations, which could lead to a reduction in charges.
- Trial or Disposition: If no agreement is reached, the case proceeds to a jury trial in Superior Court.
Potential Penalties for PWID in New Jersey
In Burlington County, a conviction for possession with intent to distribute a Schedule I or II narcotic like heroin or cocaine carries a mandatory minimum sentence and significant prison time.
| Offense (Example) | Degree | Incarceration | Fine | License Impact | Additional Consequences | |
|---|---|---|---|---|---|---|
| PWID Heroin/Cocaine (>1/2 oz) | 2nd Degree | 5-10 years (mandatory min. 1/3 to 1/2 term) | Up to $150,000 | 6-24 month suspension | Drug Enforcement and Demand Reduction penalty, parole ineligibility. | |
| PWID Marijuana (>1 oz) | 3rd Degree | 3-5 years | Up to $25,000 | 6-24 month suspension | Same fines and penalties as above. | |
| PWID within 1000 ft. of School Zone | Enhanced (2nd becomes 1st) | Mandatory 1-3 years added, no parole | Enhanced fines | Mandatory suspension | Significantly harsher penalties apply. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Drug Crime Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand that a PWID charge threatens your freedom, reputation, and future. Our approach is to scrutinize every detail—from the initial traffic stop or search warrant to the lab analysis of the alleged substance—to find the weaknesses in the state’s case. We are committed to providing “Advocacy Without Borders” for our clients in Burlington County.
Building a Defense Against Intent to Distribute
An effective defense against an intent to distribute charge often focuses on attacking the element of “intent.” The prosecution must prove you planned to sell the drugs, not just possess them for personal use. A skilled PWID defense lawyer Burlington County can argue that the quantity was consistent with personal use, that the cash found was from a legitimate source, or that the items alleged to be drug paraphernalia have an innocent explanation. Another critical defense is filing a motion to suppress evidence obtained through an unlawful search or seizure, which, if granted, can lead to the dismissal of charges.
Our firm has a documented history of achieving favorable results for clients facing serious allegations. While every case is unique, our strategies have led to outcomes such as charges being dismissed, reduced to simple possession, or resolved through favorable plea agreements. Mr. Sris leads our defense team, applying his extensive knowledge of New Jersey drug laws and court procedures.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Burlington County Drug Crime Lawyers
Our New Jersey location serves clients at Burlington County courts. We represent individuals from Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
24/7 Phone Consultations
Toll-Free: (888) 437-7747
If you need a possession with intent to distribute lawyer Burlington County residents trust, call now. We offer 24/7 phone consultations, and meetings are by appointment only.
Frequently Asked Questions: PWID Charges in Burlington County
What is the difference between simple possession and possession with intent to distribute?
The key difference is intent. Simple possession is for personal use, while possession with intent to distribute (PWID) means the prosecution believes you planned to sell or deliver the drugs. PWID carries much more severe penalties, including mandatory prison time for certain substances.
Can the police charge me with PWID based only on the amount of drugs I had?
Yes, but it’s not automatic. While a large quantity can be used as evidence of intent, it is not the only factor. An intent to distribute charge lawyer Burlington County can argue that the amount was for personal use, especially if no other evidence of distribution (like scales or baggies) is present. The state must still prove intent beyond a reasonable doubt.
What are common defenses to a PWID charge?
Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing the drugs were not yours (lack of possession), contesting the lab analysis, and proving the evidence does not support an intent to distribute. A strong defense often involves filing pre-trial motions to suppress evidence.
Is pre-trial detention likely for a PWID charge in NJ?
For second-degree PWID charges, the state will likely seek pre-trial detention. The court will hold a hearing to decide if you are a flight risk or a danger to the community. Having an attorney present compelling reasons for your release is important at this early stage.
What happens if I’m charged with PWID in a school zone?
New Jersey has enhanced penalties for drug distribution within 1,000 feet of a school. A second-degree charge can be elevated to a first-degree crime, adding a mandatory 1-3 year prison term that must be served without parole. Defending these charges requires an attorney familiar with the strict sentencing laws.
Should I talk to the police if I’m arrested for PWID?
No. You have the right to remain silent. Anything you say can be used against you. Politely state that you wish to speak with an attorney and do not answer any questions about the allegations. Contact a possession with intent to distribute lawyer Burlington County as soon as possible.
Related Legal Information
If you are facing other charges, our firm also handles DUI cases in Burlington County and federal criminal charges. For an overview of our drug crime defense across New Jersey, visit our New Jersey Criminal Defense hub page. We also assist clients in neighboring areas like Camden County.
Page last verified and updated: 2026-04. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Burlington County cases are handled by our New Jersey possession with intent to distribute practice, where the whole process is set out.
Your case in Burlington County, New Jersey
Indictable charges are heard in the Criminal Part of the Law Division; disorderly-persons offenses are heard in the municipal court where the charge was filed. In Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Burlington County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Burlington County NJ lawyers directory · Bergen County NJ Possession with Intent to Distribute Lawyer · Hudson County NJ Possession with Intent to Distribute Lawyer · Possession with Intent to Distribute Lawyer Monmouth County.