Bergen County NJ Brimage Guidelines Defense Attorneys
Drug Crimes Defense Lawyers with Offices in Hackensack, New Jersey
If you or someone you love has been accused of a drug crime, you may face additional hurdles during sentencing, as many drug charges in New Jersey entail harsher sentencing provisions mandated under the State’s Brimage Guidelines. For example, certain drug distribution cases involving distribution of marijuana, distribution of heroin, and distribution of cocaine are subject to Brimage requirements, which can make your life even more difficult if you are convicted. These potential consequences make it all the more essential to have a knowledgeable attorney on your side who can mount an aggressive defense on your behalf.
At the Tormey Law Firm in Bergen County, New Jersey, our experienced lawyers represent clients charged with a vast array of offenses, ranging from illegal possession of prescription drugs and possession of drug paraphernalia to shoplifting and aggravated assault. With centrally-located offices in Hackensack, we serve clients in Bergen County and throughout the state, appearing often in courts in Leonia, Maywood, New Milford, and many others as we fight for the rights of our clients. Our extensive experience with drug cases means that we understand the nuances of these charges, allowing us to effectively address all aspects of each case as we seek the most positive resolutions for our clients. For a free consultation with a member of our defense team, contact our Hackensack offices at (201)-330-4979.
New Jersey’s Brimage Guidelines
Under New Jersey Law, the “Brimage Guidelines” govern certain drug cases, which include repeat drug distribution cases and drug distribution offenses committed on school property or certain public property. State v. Brimage is the landmark case decided by the New Jersey Supreme Court that established guidelines to regulate a defendant’s exposure to a mandatory minimum term of imprisonment for certain drug-related offenses. The State Attorney General promulgated these guidelines to ensure statewide uniformity in limiting plea offers that waive or reduce an otherwise mandatory term of imprisonment and parole eligibility for certain drug offenses.
Brimage sentencing guidelines typically apply in certain situations, including those involving: 1) repeat drug offenders; 2) school zone drug offenses; 3) drug distribution to a minor or pregnant female; 4) a second drug distribution charge; and 5) gang-related activity. In these Brimage cases, the prosecutor must use a worksheet, which includes rules and charts to calculate the acceptable plea offer and period of imprisonment, as well as the term of parole ineligibility. These Brimage worksheets and guidelines limit the prosecutor’s ability to lower or adjust the plea offer after a defendant is convicted of an applicable offense.
Negotiating for an Alternative in a Brimage Guidelines Case
Travis J. Tormey recently represented a client in Somerset County who was facing a Brimage offer in a marijuana distribution case. The defendant had a prior conviction for possession of marijuana with intent to distribute and was charged again with a similar offense in Somerset County. As such, even though this was a third degree drug distribution charge, the defendant’s plea offer was six (6) years in New Jersey State Prison with 30 months of parole ineligibility. Instead, Mr. Tormey was able to convince the Somerset County Prosecutor’s Office that his client was a good candidate for Drug Court. This allowed the defendant to stay out of prison by serving a period of intense probation.
Call The Tormey Law Firm in Hackensack NJ to Discuss Your Case
For additional information as to how we can assist you in successfully resolving your drug case in New Jersey, contact the Hackensack offices of The Tormey Law Firm at (201) 556-1750. Our attorneys are always available to provide free consultations or to schedule an appointment to meet with you at our office, conveniently located in the center of the Bergen County justice complex.