In 1998, in State v. Brimage, the New Jersey Supreme Court set forth guidelines governing mandatory prison sentences for conviction of or pleading to certain drug crimes in the state. The court found that prosecutors had too much control over the sentencing of defendants in certain drug cases, often negotiating lesser terms at time of sentencing. The court required that the state attorney general establish guidelines so that there was greater uniformity in sentencing. These guidelines are now generally referred to as the “Brimage guidelines.”
As a rule, the imposition of the Brimage guidelines has dramatically reduced the instances where a defendant obtains a noncustodial disposition, or a shorter sentence, at the time of sentencing. The guidelines are most often applied in specific situations:
If you have pled to or been convicted on a charge that falls under the Brimage guidelines, the prosecutor in your case must complete a worksheet to determine whether the plea offer, or sentencing is appropriate, as well as whether there is eligibility for parole. New Jersey law does, however, give judges some discretion in sentencing in school zone drug crime convictions, based on evidence involving:
We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.