Arrested for Drugs on School Property?
Drug Crime Lawyers with offices in Bergen County, NJ
The criminal defense lawyers at the Tormey Law Firm have handled thousands of drug cases over the years throughout NJ including in Bergen County, Passaic County, Morris County, and Hudson County, Having represented clients in such a wide variety of cases, Mr. Tormey has specifically formulated tactics to combat drug-related charges such as cocaine possession, marijuana distribution, and distribution or possession with the intent to distribute drugs near or on school property.
Mr. Tormey’s practice concentrates on criminal law, which has facilitated him in developing a breadth of knowledge in the area of criminal defense. This repository of information regarding New Jersey law enables him to identify the nuances involved in each case and thus, to best represent his clients. In fact, Mr. Tormey has been cited as a legal resource in a number of publications, including The Daily Record and The Bergen Record, as well as the AOL News. Feel free to contact him at his office at (201) 556-1571, as he provides free legal consultations.
Drug Charges on or Near School Property – N.J.S. 2C:35-7
Offenses involving Controlled Dangerous Substances (CDS) Near or On School Property are governed under N.J.S.A. 2C:35-7, which stipulates:
Any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property or a school bus, or while on any school bus, is guilty of a crime of the third degree and shall, except as provided in N.J.S.2C:35-12 (Waiver of Mandatory Minimum and Extended Terms), be sentenced by the court to a term of imprisonment.
Where the violation involves less than one ounce of marijuana, the term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or one year, whichever is greater, during which the defendant shall be ineligible for parole. In all other cases, the term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or three years, whichever is greater, during which the defendant shall be ineligible for parole. A fine of up to $150,000.00 may also be imposed upon any conviction for a violation of this section.
What are the penalties for possession of drugs in a school zone NJ?
As the above statute states, offenses involving Distribution or Possession with the Intent to Distribute CDS Near or On School Property are considered third degree crimes, which are punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison. Third degree crimes are typically associated with a presumption of non-incarceration; however, violations of N.J.S.A. 2C:35-7 entail a mandatory prison sentence upon conviction. In addition, these offenses are subject to specific sentencing guidelines known as the “Brimage Guidelines,” which eliminate the defense attorney’s opportunity to argue for a downward departure at the time of sentencing. This means that a judge cannot reduce the defendant’s sentence during the sentencing hearing, regardless of extenuating circumstances that may otherwise warrant such a request.
Facing a Charge for Possession of Drugs on School Property? Contact us now
If you or someone you love is facing charges of this magnitude, it is essential to enlist a defense attorney who is familiar with these types of cases in order to ensure that you achieve the best possible result. With Mr. Tormey’s tried and tested defense tactics in cases involving drug charges, he is the kind of attorney you want on your side. Contact The Tormey Law Firm, LLC. today to for a free consultation: (201)-556-1571.