Leader of a Narcotics Trafficking Network in New Jersey

N.J.S.A. 2C:35-3 · Drug Offenses

What the law says

A person commits this crime by conspiring with at least two other people in a scheme or course of conduct to unlawfully manufacture, distribute, dispense, bring into, or transport specified controlled substances in New Jersey, while acting as a financier or as an organizer, supervisor, or manager of at least one other person. The specified substances are methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam, a controlled dangerous substance classified in Schedule I or II, or an analog of a controlled substance.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:35-3, that means:

• The person conspired with two or more other persons in a scheme or course of conduct.
• The scheme or course of conduct was to unlawfully manufacture, distribute, dispense, bring into, or transport in New Jersey methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate, flunitrazepam, a controlled dangerous substance classified in Schedule I or II, or an analog of a controlled substance.
• The person acted as a financier, meaning that, with intent to derive a profit, the person provided money, credit, or another thing of value to purchase a controlled dangerous substance or immediate precursor, or otherwise to finance the operations of a drug trafficking network; or the person acted as an organizer, supervisor, or manager of at least one other person.

How the charge is graded

• Leader of narcotics trafficking network is a crime of the first degree.

Penalties in the statute

• Except as may be provided by N.J.S.2C:35-12, an ordinary term of life imprisonment, during which the person must serve 25 years before being eligible for parole.
• The court may 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.
• The section does not prohibit the court from imposing an extended term pursuant to N.J.S.2C:43-7.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• It is not necessary for the State to prove that any intended profit was actually realized.
• The trier of fact may infer that a scheme or course of conduct was undertaken for profit from all attendant circumstances, including the number of persons involved; the actor's net worth and expenditures in relation to legitimate sources of income; the amount or purity of the specified substance involved; or the amount of cash or currency involved.
• It is not a defense that the specified substance was brought into or transported in New Jersey solely for ultimate distribution or dispensing in another jurisdiction, or that any profit was intended to be made in another jurisdiction.
• It is not a defense that the defendant was subject to another person's supervision or management, or that another person or persons were also leaders of the narcotics trafficking network.
• A conviction under this section does not merge with a conviction for an offense that is the object of the conspiracy.
• The section does not preclude or limit prosecution or conviction for conspiracy under N.J.S.2C:5-2; maintaining or operating a CDS production facility under N.J.S.2C:35-4; manufacturing, distributing, or dispensing under N.J.S.2C:35-5; employing a juvenile in a drug distribution scheme under N.J.S.2C:35-6; strict liability for drug induced death under N.J.S.2C:35-9; racketeering activities under N.J.S.2C:41-2; or leader of organized crime under subsection g. of N.J.S.2C:5-2.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Motions to suppress evidence from unlawful stops, searches, or warrants
• Challenging possession, especially constructive possession in shared cars or homes
• Lab testing, chain of custody, and weight calculations
• Diversion such as conditional discharge (N.J.S.A. 2C:36A-1) or PTI where eligible

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Leader of a Narcotics Trafficking Network charge.

Related charges

• Strict Liability for Drug-Induced Death →
• Loitering to Obtain or Distribute CDS →
• Possession of CDS →
• Possession with Intent to Distribute CDS →
• Drug Distribution in a School Zone →
• Maintaining or Operating a CDS Production Facility →
• Obtaining CDS by Fraud →
• Drug Paraphernalia →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.