In 1998, the Supreme Court of New Jersey decided the landmark case of State v. Brimage, 153 N.J. 1 (1998). The Brimage case established guidelines to regulate a defendant’s exposure to a mandatory minimum term of imprisonment for certain drug related offenses. The Brimage case also established an analysis that every Prosecutor in the State of New Jersey must use in order to formulate a plea offer for certain drug related offenses.
Given the extreme sentencing exposure associated with drug related offenses in New Jersey it is critical that you hire an experienced criminal defense attorney to defend your case and protect your rights. Many prosecutors and judges fail to recognize that although the Brimage guidelines are extremely tough on drug offenses they also offer multiple exceptions. Some of these exceptions include those for first time offenders or for those that have a prior record that is not drug related. Other possible exceptions or alternatives include drug court.
It is critical that all these details be examined carefully to ensure your rights and freedom are not violated. If you have been charged with a drug related offense please contact Joel Silberman today for a free consultation and a review of your case.