2nd Degree Drug Distribution Charges results in Probationary Sentence in New Jersey

Keith Oliver, an associate in my office, just finished representing an individual who was charged with one count of Distributing a Prescription Legend Drug, in violation of N.J.S.A. 2C:35-10.5a(4), a crime of the second degree and one count of Possession of a Prescription Legend Drug, in violation of N.J.S.A. 2C:35-10a(1), a crime of the third degree. If the Defendant was convicted of these charges, he could be sentenced up to fifteen (15) years in a New Jersey State Prison. In addition, in New Jersey, a felony in the second degree carries with it a presumption of imprisonment, which in essence means that, if convicted, the defendant will almost certainly be sentenced to a term of imprisonment.

The aforesaid charges stem from an incident, where it is alleged that the Defendant distributed over 4,000 pills to an undercover police officer. In addition too the charges levied against the Defendant, the Prosecutor Office also filed a Civil Forfeiture Action against the Defendant with regards to the vehicle he was operating on the day in question. Immediately after the discovery was received extensive negotiations between Mr. Oliver and the Prosecutor’s Office began. After about a year worth of negotiations we were able to workout a plea agreement that which in pertinent part required the Defendant to serve 180 days in Jail as a condition of probation (A far way away from 15 years in a  New Jersey State Prison). In addition, Mr. Oliver reserved the right to argue to the Judge that a non-custodial (no jail time) sentence was more appropriate based on the facts and circumstances that surrounded the case.           Fortunately for the Defendant, Mr. Oliver was able to convince the sentencing Judge that the Defendant deserved a non-custodial probationary sentence. Therefore, the Defendant went from facing up to fifteen years in a New Jersey State Prison to a non-custodial probationary sentence.

The Law Offices of Jonathan F. Marshall is an experienced Bergen County Criminal Defense Firm with a long track record of success. If you or someone you know has been charged with a criminal offense like possession of marijuana with the intent to distribute, distribution of cocaine, aggravated assault or the unlawful possession of a handgun we can help. Please feel free to contact any one of our Bergen County Offices for a free initial consultation with one of our eight criminal defense attorneys.