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Brimage Sentencing Guidelines
New Jersey has adopted the Brimage Guidelines to create uniformity in plea bargaining and sentencing for those who are convicted of distribution of controlled dangerous substances. When an individual is charged with Brimage eligible heroin, cocaine, marijuana or other drug offense, prosecutors are obligated to comply with a standard set of plea rules. There are strict limitations on the range of permissible plea offers that can be made and prescribed escalation provisions in the event you choose to delay or challenge the state’s case. Our attorneys have decades of experience defending Brimage charges in New Brunswick at the Middlesex County Superior Court. In fact, Jason Seidman, Esq., a lawyer in our office, was the supervisor of the gangs, guns and drugs task force of the Middlesex County Prosecutor’s Office. Whether you were arrested in Perth Amboy, New Brunswick, Woodbridge, Middlesex or Old Bridge, the lawyers our staff have the tools to successfully defend you. Call our New Brunswick Office for a free initial consultation at 732-246-7126.
When Does Brimage Apply?
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.
New Brunswick NJ Brimage Drug Charge Defense Lawyer
A charge that is Brimage related can only be handled at the county courthouse in New Brunswick because that is the place where all cases involving a first degree, second degree, third degree and fourth degree crime are handled. If you were arrested in East Brunswick, Sayreville, Old Bridge, Monroe or Piscataway, this is where your charge will be resolved. The Law Offices of Jonathan F. Marshall is highly experienced in defending cases at this venue. A lawyer with the skills you desire is available immediately to assist you. To reach one of our attorneys, call our East Brunswick Office at 732-227-1200.