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Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
There are a number of viable defenses and arguments which can be pursued
to achieve a successful result for someone charged with Distribution of
Drugs on or within 1,000 feet of school property.
Our office represents people charged with crimes. We provide representation
throughout New Jersey. Criminal charges can cost you. If convicted, you
can face prison, fines over $10,000, jail, Probation over 18 months and
other penalties. Don't give up! Our Law Office can provide experienced
attorney representation for criminal violations. Our website www.njlaws.com
provides information on criminal offenses we can be retained to represent
people.
The following is the New Jersey Statute on Distribution of Drugs on or
within 1,000 feet of school property:
2C:35-5 1. Any person who violates subsection a. of N.J.S. 2C:35-5 by
distributing, dispensing or possessing with intent to distribute a controlled
dangerous substance or controlled substance analog while on any school
property used for school purposes which is owned by or leased to any elementary
or secondary school or school board, or within 1,000 feet of such school
property or a school bus, or while on any school bus, is guilty of a crime
of the third degree and shall, except as provided in N.J.S. 2C:35-12,
be sentenced by the court to a term of imprisonment. Where the violation
involves less than one ounce of marijuana, the term of imprisonment shall
include the imposition of a minimum term which shall be fixed at, or between,
one-third and one-half of the sentence imposed, or one year, whichever
is greater, during which the defendant shall be ineligible for parole.
In all other cases, the term of imprisonment shall include the imposition
of a minimum term which shall be fixed at, or between, one-third and one-half
of the sentence imposed, or three years, whichever is greater, during
which the defendant shall be ineligible for parole. Notwithstanding the
provisions of subsection b. of N.J.S. 2C :43-3, a fine of up to $150,000.00
may also be imposed upon any conviction for a violation of this section.
Notwithstanding the provisions of N.J.S. 2C :1-8 or any other provisions
of law, a conviction arising under this section shall not merge with a
conviction for a violation of subsection a. of N.J.S. 2C:35-5 (manufacturing,
distributing or dispensing) or N.J.S. 2C :35-6 (employing a juvenile in
a drug distribution scheme).
It shall be no defense to a prosecution for a violation of this section
that the actor was unaware that the prohibited conduct took place while
on or within 1,000 feet of any school property. Nor shall it be a defense
to a prosecution under this section, or under any other provision of this
title, that no juveniles were present on the school property at the time
of the offense or that the school was not in session.
It is an affirmative defense to prosecution for a violation of this section
that the prohibited conduct took place entirely within a private residence,
that no person 17 years of age or younger was present in such private
residence at any time during the commission of the offense, and that the
prohibited conduct did not involve distributing, dispensing or possessing
with the intent to distribute or dispense any controlled dangerous substance
or controlled substance analog for profit. The affirmative defense established
in this section shall be proved by the defendant by a preponderance of
the evidence. Nothing herein shall be construed to establish an affirmative
defense with respect to a prosecution for an offense defined in any other
section of this chapter.
In a prosecution under this section, a map produced or reproduced by
any municipal or county engineer for the purpose of depicting the location
and boundaries of the area on or within 1,000 feet of any property used
for school purposes which is owned by or leased to any elementary or secondary
school or school board, or a true copy of such a map, shall, upon proper
authentication, be admissible and shall constitute prima facie evidence
of the location and boundaries of those areas, provided that the governing
body of the municipality or county has adopted a resolution or ordinance
approving the map as official finding and record of the location and boundaries
of the area or areas on or within 1,000 feet of the school property. Any
map approved pursuant to this section may be changed from time to time
by the governing body of the municipality or county. The original of every
map approved or revised pursuant to this section, or a true copy thereof,
shall be filed with the clerk of the municipality or county, and shall
be maintained as an official record of the municipality or county. Nothing
in this section shall be construed to preclude the prosecution from introducing
or relying upon any other evidence or testimony to establish any element
of this offense; nor shall this section be construed to preclude the use
or admissibility of any map or diagram other than one which has been approved
by the governing body of a municipality or county, provided that the map
or diagram is otherwise admissible pursuant to the Rules of Evidence.
2C:35-7.1. Violations of N.J.S. 2C :35-5, certain locations; degree of
crime; terms defined 1. a. Any person who violates subsection a. of N.J.S.
2C :35-5 by distributing, dispensing or possessing with intent to distribute
a controlled dangerous substance or controlled substance analog while
in, on or within 500 feet of the real property comprising a public housing
facility, a public park, or a public building is guilty of a crime of
the second degree, except that it is a crime of the third degree if the
violation involved less than one ounce of marijuana.
b. It shall be no defense to a prosecution for violation of this section
that the actor was unaware that the prohibited conduct took place while
on or within 500 feet of a public housing facility, a public park, or
a public building.
c. Notwithstanding the provisions of N.J.S. 2C :1-8 or any other provisions
of law, a conviction arising under this section shall not merge with a
conviction for a violation of subsection a. of N.J.S. 2C :35-5 (manufacturing,
distributing or dispensing) or N.J.S. 2C :35-6 (employing a juvenile in
a drug distribution scheme). Nothing in this section shall be construed
to preclude or limit a prosecution or conviction for a violation of N.J.S.
2C :35-7 or any other offense defined in this chapter.
d. It is an affirmative defense to prosecution for a violation of this
section that the prohibited conduct did not involve distributing, dispensing
or possessing with the intent to distribute or dispense any controlled
dangerous substance or controlled substance analog for profit, and that
the prohibited conduct did not involve distribution to a person 17 years
of age or younger. The affirmative defense established in this section
shall be proved by the defendant by a preponderance of the evidence. Nothing
herein shall be construed to establish an affirmative defense with respect
to a prosecution for an offense defined in any other section of this chapter.
e. In a prosecution under this section, a map produced or reproduced
by any municipal or county engineer for the purpose of depicting the location
and boundaries of the area on or within 500 feet of a public housing facility
which is owned by or leased to a housing authority according to the "Local
Redevelopment and Housing Law," P.L. 1992, c.79 (C. 40A: 12A-1 et
seq.), the area in or within 500 feet of a public park, or the area in
or within 500 feet of a public building, or a true copy of such a map,
shall, upon proper authentication, be admissible and shall constitute
prima facie evidence of the location and boundaries of those areas, provided
that the governing body of the municipality or county has adopted a resolution
or ordinance approving the map as official finding and record of the location
and boundaries of the area or areas on or within 500 feet of a public
housing facility, a public park, or a public building. Any map approved
pursuant to this section may be changed from time to time by the governing
body of the municipality or county. The original of every map approved
or revised pursuant to this section, or a true copy thereof, shall be
filed with the clerk of the municipality or county, and shall be maintained
as an official record of the municipality or county. Nothing in this section
shall be construed to preclude the prosecution from introducing or relying
upon any other evidence or testimony to establish any element of this
offense; nor shall this section be construed to preclude the use or admissibility
of any map or diagram other than one which has been approved by the governing
body of a municipality or county, provided that the map or diagram is
otherwise admissible pursuant to the Rules of Evidence.
f. As used in this act:
"Public housing facility" means any dwelling, complex of dwellings,
accommodation, building, structure or facility and real property of any
nature appurtenant thereto and used in connection therewith, which is
owned by or leased to a local housing authority in accordance with the
"Local Redevelopment and Housing Law," P.L. 1992, c.79 (C. 40A:
12A-1 et seq.) for the purpose of providing living accommodations to persons
of low income.
"Public park" means a park, recreation facility or area or
playground owned or controlled by a State, county or local government
unit.
"Public building" means any publicly owned or leased library
or museum.
CONCLUSION
If charged with any criminal offense, immediately schedule an appointment
with a criminal trial attorney. Don't rely on a real estate attorney,
public defender or a family member who simply attended law school. When
your life and job is on the line, hire the best attorney available.
Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you
did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to random drug and
urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample,
which could be used by law enforcement for the investigation of criminal
activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who
has suffered a loss and if the court finds that you are able or will be
able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required
to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported
by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose
your driver's license for 6 months - 2years. You must pay a Law Enforcement
Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment
of $50 ($100 minimum if you are convicted of a crime of violence) for
each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for
each conviction.
14. If you are being sentenced to probation, you must pay a fee of up
to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible.
There are a number of viable defenses and arguments which can be pursued
to achieve a successful result. Advocacy, commitment, and persistence
are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the
following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific
term of years which shall be fixed by the court and shall be between 10
years and 20 years;
(2) In the case of a crime of the second degree, for a specific term
of years which shall be fixed by the court and shall be between five years
and 10 years;
(3) In the case of a crime of the third degree, for a specific term of
years which shall be fixed by the court and shall be between three years
and five years;
(4) In the case of a crime of the fourth degree, for a specific term
which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions.
A person who has been convicted of an offense may be sentenced to pay
a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately
to determine you rights and obligations to the court. Current criminal
charge researched by Kenneth Vercammen, Esq. 732-572-0500
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