NEW JERSEY CRIMINAL LAWYERS

NJ NEW JERSEY BRIMAGE GUIDELINES

Defend Your Brimage-Eligible Drug Offense with the Criminal Defense Attorney in New Jersey
If you or someone you care about is facing charges related to manufacturing, distributing, or possessing controlled dangerous substances (CDS) with the intention of distribution, then it is crucial to seek experienced legal representation. This is especially important if your case falls under the Brimage Guidelines, which dictate mandatory terms of imprisonment for certain drug offenses. At Law Offices of Todd Spodek, we have highly competent New Jersey criminal defense attorneys with more than 200 years of combined experience defending clients arrested for Brimage-eligible offenses such as CDS distribution, selling and intent to distribute.

Understanding The Brimage Guidelines
The Brimage Guidelines are a set of rules that prosecutors must adhere to when negotiating plea deals for cases carrying mandatory terms of imprisonment pursuant to N.J.S.A. 2C:35-12. These types of cases generally include:

– Leader of a narcotics trafficking network
– Maintaining or operating a CDS production facility
– Manufacturing, selling, or possessing CDS with the intent to distribute
– Employing a juvenile in a drug distribution scheme
– Distributing CDS in a school zone or public park zone

Before the Supreme Court’s ruling in State v. Brimage, there was significant disparity regarding plea negotiations depending on where the case was filed. As a result, the state came up with these guidelines promoting consistency and fairness during plea negotiations.

Understanding How The Brimage Guidelines Work
The Brimage Guidelines contain strict ranges within which prosecutors can draft plea deals that they may offer defendants in Brimage eligible drug offense cases based on varying factors:
quantity of drugs involved,
the use (or presence) of weapons,
the defendant’s prior history,
mitigating and aggravating factors affecting sentencing,
and so on.
Moreover, these guidelines also outline various Authorized Pleas available within different ranges leading up to trial. The mandatory minimum imprisonment under the Brimage Guidelines is typically lower for pre-indictment offers, while it’s more severe for post-indictment initial and final plea deals.

Can You Avoid The Brimage Guidelines?
While the Brimage Guidelines are very strict, waivers may be granted in some circumstances. You could be eligible for a waiver if there is evidence issue proof or significant cooperation by the defendant or if you meet the Brimage Standardized Waiver requirements. Nevertheless, obtaining a waiver can be an intricate process that requires expert legal counsel.

Why Do You Need the Criminal Defense Attorney Available?
Brimage-eligible drug offense cases tend to be complicated and require expert legal representation. At Law Offices of Todd Spodek, we have ten attorneys who specialize exclusively in criminal defense law, with substantial experience as former county prosecutors, certified criminal trial attorneys who have served in various trial divisions, juvenile units as well as major crimes such that you can rest easy knowing you have seasoned experts on your side.
Our team of legal professionals offer around-the-clock consultation services and we are always available to discuss with you the action plans that could optimize outcomes in your case.
Don’t hesitate; act now! Contact our law firm today and speak with one of our experienced lawyers about how they can help defend your case involving Brimage-eligible drug offenses.