Mandatory And Discretionary Extended Terms In Drug Case?

James Robinson sold 3 bags of crack cocaine to an undercover officer in 2003 and was indicted for third-degree possession of a controlled dangerous substance (CDS) with intent to distribute (N.J.S.A. 2C:35-5(b)(3)); second-degree possession of CDS with intent to distribute within 500 feet of public property (N.J.S.A. 2C:35-7.1); third-degree possession of CDS (N.J.S.A. 2C:35-10(a)(1)); and third-degree possession of CDS with intent to distribute (N.J.S.A. 2C:35-5(b)(3)). Due to Robinson's prior criminal history, including convictions for distribution of CDS in a school zone, receiving stolen property, eluding a police officer, burglary, and criminal restraint exposing another to serious bodily injury, the trial court imposed a discretionary extended term sentence of 15 years imprisonment with a 3 year period of parole ineligibility, a mandatory extended term of 15 years with a 5 year period of parole ineligibility pursuant to N.J.S.A. 2C:43-6(f) as a repeat drug offender under N.J.S.A. 2C:44-3(a) in State v. Robinson. Defendant was also sentenced to a mandatory extended term of 7 years imprisonment with a 3 year period of parole ineligibility. Defendant appealed the sentence claiming that a court may not impose a discretionary extended term when a mandatory extended term has been imposed in the same proceeding. The appellate division affirmed the decision of the trial court. The NJ Supreme Court then reversed the decision after consideration of the Legislative intent in providing for extended terms for certain repeat offenders. Under the Model Penal Code (MPC), sentencing uniformity was a consideration in conjunction with affording courts the flexibility to achieve deterrence as needed. N.J.S.A. 2C:44-5(a)(2) limits the number of extended terms which a court may impose in a sentencing, however, multiple mandatory extended terms may be imposed in a single proceeding (State v. Connell, 208 N.J. Super. 688 (App. Div. 1986)). The court then turned to the holding of State v. Hudson, 209 N.J. 513 (2012) and N.J.S.A. 2C:44-5(a)(2) to be a bar to the addition of a discretionary extended term when the trial court is required to impose a mandatory extended term on another offense if both are in the same proceeding. If you are facing charges for possession or distribution you will be facing severe penalties and should seek experienced criminal defense counsel immediately. For more information about distribution of a controlled dangerous substance, possession of CDS, possession with intent to distribute, distribution within 500 feet of a public place, distribution in a school zone, prescription drug matters or other serious drug offenses in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of counsel.

Man Charged With Aggravated Assault Was Deprived Of Right To Counsel

In State v. Kates, defendant Raymond Kates was charged with third-degree aggravated assault on a law enforcement officer (N.J.S.A. 2C:12-1b(5)(a)); third-degree resisting arrest by use of physical force or violence (N.J.S.A. 2C:29-2a(3)(a)); fourth-degree hindering prosecution by force (N.J.S.A. 2C:29-3b(2)); and fourth-degree inflicting harm to a law enforcement animal (N.J.S.A. 2C:29-3.1)) as well as various motor vehicle offenses following a 6 mile car chase. Defendant was represented by counsel but not the counsel of his choosing. On the opening day of trial, defendant's counsel advised the court counsel would be deployed overseas during the trial and objected to proceeding before allowing defendant opportunity to retain alternate counsel of his choosing. The trial court denied the request to adjourn without making adequate findings of fact regarding the request and Kates was convicted of eluding and resisting arrest. At sentencing Kates received an extended term as a persistent offender under N.J.S.A. 2C:44-3(a) as a result of prior indictable convictions including second-degree robbery, third-degree possession of controlled dangerous substances (CDS), second-degree sexual assault and endangering the welfare of a minor. On appeal the court looked to State v. Ferguson, 198 N.J. Super. 395 (App. Div. 1985) in making its determination. The Sixth Amendment entitles a defendant with private counsel to counsel of his choosing and does not require a showing of prejudice to defendant. In United States v. Gonzalez-Lopez, 548 U.S. 140 (2006) the United States Supreme Court decided that a defendant who does not need appointed counsel has the right to the counsel he or she believes to the be the best for his or her defense. However, the defendant's right is subject to a balancing test under the factors set forth in State v. Ferguson. Under Ferguson the court must consider the length of the requested delay; whether other continuances have been requested and granted; inconvenience to the litigants, witnesses, counsel and the court; and whether the requested delay is for legitimate reasons. The NJ Appellate Division determined the trial court's summary denial of an adjournment to retain private counsel without consideration of the Ferguson factors was a structural error which served to deprive the defendant of his right to counsel and required reversal. "Where the right to be assisted by counsel of one's choice is wrongly denied, therefore, it is unnecessary to conduct an ineffectiveness or prejudice inquiry to establish a Sixth Amendment violation. Deprivation of the right is "complete" when the defendant is erroneously prevented from being represented by the lawyer he wants…" Gonzalez-Lopez, 548 U.S. at 148. If you attempted to avoid arrest because you believe you were wrongly accused, did not understand why you were being arrested or other similar reasons you can fight the charges against you. Due to the right of police to arrest citizens they believe to be involved in criminal activity, you should obtain experienced criminal defense counsel to assist you in your defense against these charges. For more information about eluding, assault on an officer, resisting arrest, hindering prosecution or other criminal charges in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of counsel.