In State v. Brimage, in an attempt to gain uniformity in plea offers for similarly situated defendants, the New Jersey Supreme Court instructed the NJ Attorney General to establish standards by which prosecutors must abide. Under N.J.S.A. 2C:35-12,  prosecutors are to follow these guidelines when entering into a plea arrangement involving certain drug-related offense that would essentially reduce an otherwise mandatory jail sentence or term of parole ineligibility. Typically the Brimage sentencing guidelines apply in certain situations including:

• A second drug distribution charge
• A repeat drug offender
• Street gang related activity
• Distribution to a minor or pregnant female
• School zone drug offenses

NJ Heroin Brimage Attorneys

Essentially, the Brimage guidelines significantly limit prosecutorial discretion in accepting plea agreements pertaining to the type of charges listed above. As a result, if your crime falls into one of the above listed charges, it is important that you contact a seasoned attorney because other means of defense will be necessary. In these cases, the attorneys at the Law Offices of William A. Proetta can put forth a defense by challenging your charges based on the particular facts of your case. Additionally, we will explore the diversionary routes of Pre-Trial Intervention (PTI) and Drug Court. These may be the very strategies that keep you out of jail. If you have been charges with serious drug crimes such as heroin distribution or prescription drug offenses such as Oxycodone or Percocet in a school zone in Jersey City, Edison, Wall Township, Toms River, Union Township, Ewing Township, or Hackensack, please contact our New Jersey heroin defense lawyers for additional information at 732.494.7900.