April 23, 2009
/24-7PressRelease/ -- New Jersey's Tough Stance on Criminal Charges and Sentencing
Article provided by the law offices of Joseph D. Rotella, Esq. Please visit our Web site at
www.criminaltriallawyer.com
New Jersey has some of the toughest laws in the country punishing drug crimes and weapons possession. Often, the two crimes go hand-and-hand and are charged together. This increases the potential penalties faced by anyone charged under the state's Controlled Dangerous Substances (CDS) Act. These laws, meant to target gang violence and drug running, equally punish first-time offenders who are just as likely to be otherwise law-abiding citizens as they are hardened street criminals.
Given the severe consequences of even a seemingly minor infraction of New Jersey's CDS Act, it is a necessity that you understand the state's laws and penalties. Anyone facing drug or weapons charges should contact an experienced criminal defense attorney immediately.
Drug and Weapons Penalties
Drug possession charges are dependent on the quantity and the type of drugs involved and whether the person had the drugs for personal use or intended to distribute them to others. For example, most first-time offenders found guilty of simple possession face these consequences:
• If the amount is 50 grams or less, the person may be charged with simple possession, which carries penalties up to 6 months in jail and driver's license suspension between 6 months and 2 years.
• If the amount is more than 50 grams, the penalties include up to $35,000 in fines, 3-5 years in prison and driver's license suspension up to 2 years.
Other penalties are as follows:
• A third-degree drug crime carries a 3-5 year prison term
• A second-degree drug crime carries a 5-10 year prison term
• A first-degree drug crime carries a 10-20 year prison term
The penalties for possession and possession with intent to distribute may be enhanced, depending on the circumstances of the person's arrest. For example:
• The penalties for possession with intent to distribute within 1,000 feet of a school zone include a mandatory sentence of 3 years in jail.
• The penalties for possession with intent to distribute within 500 feet of a public library, public housing or a park include 5-10 years in jail.
Possession of a handgun during the commission of any drug offense can result in a 10-20 year prison sentence. More importantly, the sentences imposed for the weapon and drug crime must be served consecutively, not concurrently. This means that someone convicted of these charges must serve one sentence before he or she begins serving time for the other sentence -- the two sentences may not be served at the same time.
Under the 2008 changes to the Graves Act, anyone caught carrying a firearm without a permit faces a mandatory minimum sentence of 3 years in a state prison. A person who legally owns a gun but does not have the necessary permit for carrying it can also be charged under this law.
Plea Bargains and Sentencing Guidelines
Whether or not someone charged with a drug and/or gun crime is able to negotiate a deal depends several factors, including the local prosecutor's office and the sentencing guidelines. Only prosecutors have the power to offer a plea bargain. But even if a plea bargain is made and accepted, only the judge has the authority to ultimately accept or reject the terms of the deal.
The sentencing guidelines can complicate the process and restrict the availability of plea bargains and lesser sentences. Under New Jersey's sentencing guidelines, local prosecutors are prohibited from offering plea bargains or sentences that go below the recommended sentencing guidelines for certain crimes. Further, judges also are bound by the sentencing guidelines and must impose the mandatory minimum sentence. Some of the sentences for drug and weapons crimes make parole unavailable for mandatory periods of time. As mentioned previously, the guidelines also require consecutive sentences for certain crimes rather than the option of serving the sentences concurrently.
The bottom line is this: If you are facing drug and/or weapons charges in the state of New Jersey, you face harsh penalties if convicted, including mandatory prison sentences, fines and loss of your driver's license. These tough laws, however, do not mean you do not have the right to due process of the law or the right to receive a fair trial. It is essential to begin working with a criminal defense attorney as soon as possible if you have been charged or believe you will be charged with a crime.
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