In State v. Brimage, the New Jersey Supreme Court, seeking uniformity in plea offers for defendants who have committed similar crimes throughout the state, informed the NJ Attorney General to establish standards by which prosecutors must abide. Under N.J.S.A. 2C:35-12, prosecutors follow these guidelines when coming to an plea agreement agreement, over certain drug-related offenses, that would waive or reduce an otherwise mandatory jail sentence or term of parole ineligibility. Typically the Brimage sentencing guidelines apply in certain situations including: a second drug-related offense, distribution of CDS in a school-zone, or selling drugs to minors.
Brick NJ Criminal Attorneys
Essentially, the Brimage guidelines severely limit prosecutorial discretion in acceoting plea agreements pertaining to these types of charges. As a result, if your crime falls into one of the above listed charges, it is important that you contact a seasoned attorney. In these cases, the attorneys at the Law Offices of William A. Proetta can put forth a defense by challenging your charges based on unlawful search and seizure. Additionally, we will explore the diversionary routes of Pre-Trial Intervention (PTI) and Drug Court. These may be the very strategies that keep you out of jail. If you have been charges with serious drug crimes such as heroin distribution, prescription drug offenses, of marijuana distribution in a school zone in Toms River, Jackson, Lacey, Manahawkin, Seaside Heights, Point Pleasant, or Barnegat, please contact our Ocean County criminal defense lawyers for additional information at 732.494.7900.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.