The Iler Law Firm represents individuals charged with marijuana possession, cocaine distribution, possession of drug paraphernalia, and other drug related offenses throughout New Jersey including in Eatontown, Aberdeen, Neptune, and Long Branch. Our criminal defense lawyers are available immediately to assist you with your pending charges at (732)842-7787.
Brimage Sentencing Guidelines in NJ: State v. Brimage
The New Jersey Supreme Court, in the famous case of State v. Brimage, 153 N.J. 1 (1998), instructed the New Jersey Attorney General to promulgate guidelines for use by county prosecutors to ensure statewide uniformity in tendering plea offers pursuant to N.J.S.A. 2C:35-12 that waive or reduce an otherwise mandatory term of imprisonment and parole ineligibility imposed for the conviction of certain drug offenses. Typically the Brimage sentencing guidelines apply in certain situations including:
- A second drug distribution charge
- A repeat drug offender
- Street gang related activity
- Distribution to a minor or pregnant female
- School zone drug offenses
Essentially, the Brimage sentencing guidelines significantly limit prosecutorial discretion. In Brimage cases where the defendant would typically receive a plea offer with limited or no jail time, the defendant now, if charged with a second drug distribution or other Brimage-eligible-offense, is looking at significant mandatory jail time and a period of parole ineligibility. Thus, it is essential that you consult with an experienced criminal defense attorney to navigate these waters. Our lawyers may be able to challenge the drug charges based on an illegal search or invalid traffic stop. Further, our attorneys will explore every possible avenue including Pre-Trial Intervention (PTI) and Drug Court in order to avoid a prison sentence. Please contact our criminal defense lawyers for additional information at (732)842-7787.
