Being charged with a CDS offense in New Jersey is serious, and the possibility of being sentenced to jail even for the first offender is a possibility. However, recent case law has made it easier for the sentencing judge to now waive some of the previously mandatory sentencing provisions.
N.J.S.A. 2C:35-7 provides that upon conviction of a 1000 foot school zone offense the sentencing court most sentence the offender to a period of incarceration with a period of parole ineligibility from between 1/3 to ½ of the sentence imposed, or one year which ever is greater. However, this statute has been amended to permit the trial judge to sentence a person convicted of a drug school offense to waive the mandatory sentence if the court determines that a number of favorable factors are present which weight against the imposition of sentence. In the event that some or all of these factors are present the court may waive or reduce or the period of parole ineligibility or even sentence the defendant to a period of probation. Said considerations include: (1) defendant’s prior criminal record and seriousness of the offense; (2) specific location within the school zone and whether any children were present; and, (3) whether school was in session. The court cannot waive the mandatory jail and parole ineligibility if the defendant used or threatened violence, was in possession of a firearm, or committed a violation of subsection b. of N.J.S.A. 2C:29-2.
If you are charged with a school drug offense or any or drug offense in New Jersey you are advised to immediately seek the counsel of a competent and vigorous criminal trial narcotics attorney and the Law Office of Vincent J. Sanzone, Jr. For 21 years Mr. Sanzone has successfully defended many individuals charged with serious.
Law Office of Vincent J. Sanzone, Jr.
New Jersey Criminal Defense Attorney, Winning the Drug Case in New Jersey, Union County Drug Trial Attorney, Elizabeth Drug Trial Attorney.
December 1, 2011
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