Drug Addicted Defendants No Longer Denied Admission To Drug Court For Weapons Charges

Over the rejection of the prosecution, Gregory Maurer sought entry into Drug Court while under separate indictments for (1) third-degree possession of a controlled dangerous substance (CDS) (ocycodone) (N.J.S.A. 2C:35-10(a)(1)); (2) two counts of third-degree possession of CDS (oxycodone and heroin) (N.J.S.A. 2C:35-(a)(1)); (3) third-degree possession of CDS (cocaine) (N.J.S.A. 2C:35-10(a)(1)); and (4) two counts of third degree theft by unlawful taking (N.J.S.A. 2C:20-3(a)) and third-degree burglary (N.J.S.A. 2C:18-2(a)(1)). The prosecutor’s denial was based solely on Maurer’s prior charge for possession of a handgun (N.J.S.A. 2C:39-5(b)) and hollow point bullets. The trial court made its decision based on the defendant’s prior conviction for a weapons related offense and Maurer appealed. In State v. Maurer, the NJ Appellate Division determined that the defendant’s record, the “Manual for Operation of Adult Drug Courts In New Jersey” (July 2002)(Manual) and the Drug Court Statute (N.J.S.A. 2C:35-14). The NJ Appellate Division did consider that Maurer had also been charged with witness tampering (N.J.S.A. 2C:28-5) and other prior CDS charges which were remanded to the respective municipal courts for disposition. They also considered Maurer’s participation in Narcotics Anonymous and other substance abuse counseling programs as well as his employment as an outreach counselor at a rehabilitation facility. The NJ Appellate Division considered that Drug Court is appropriate for “offenders most likely to benefit from treatment and do not pose a risk to public safety.” State v. Meyer, 192 N.J. 421, 428-29 (2007) (quoting Manual, Supra, at 3). The opinion also included a thorough review of Drug Court success rates and the Legislative intent to end the cycle of drug offenders interacting with the criminal justice system as a result of addiction. State v. Bishop, 429 N.J. Super. 533, (App. Div.), 216 N.J. 14 (2013). There was also discussion of a two “track” system wherein, according to the Manual, a criminal history involving a firearm acts as a bar to admission in spite of the apparent Legislative intent to increase Drug Court access for those likely to benefit from resolving addiction issues. The Court resolved that an amendment to the Track Two admission criteria was required and remanded the matter for consideration of the defendant’s application to Drug Court despite his prior weapons offense. If you are facing distribution or possession charges, there are many factors which may affect how your case is ultimately resolved. You should immediately retain experienced criminal defense counsel to protect your rights. For more information regarding drug distribution, possession with intent to distribute, weapons offenses or other serious criminal offenses in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Drug Distribution Penalties Enhanced Under Controlled Substances Act

In order to be eligible for enhanced penalties under the Controlled Substances Act (U.S.C. Section 841(b)(1)(C)), the use of the drug distributed must independently cause the victim's death or seriously bodily injury. In the case of Burrage v. United States, a long-time drug user in poor physical condition died after using heroin purchased from the defendant. On April 14, 2010, Banka began smoking marijuana with a friend and he later crushed and injected oxycodone pills. His wife then purchased heroin for him from Burrage which he used on at least 2 occasions that same night. In the morning of April 15, Banka's wife woke to find him dead. Responding police found heroin, oxycodone, hydrocodone, alprazolam, clonazepam and syringes in the residence. At trial, testimony was presented by medical experts indicating the presence of codiene, alprazolam, clonazepam, oxycodone and herion in Banka's system at the time of death. The experts could not conclusively say Banka would have lived had he not injected the heroin, only that it was a "contributing factor" making the death more likely. The jury convicted Burrage after the judge instructed them that the government need prove only that the heroin contributed to the death. He was sentenced to 20 years in prison under the Controlled Substances Act and the Appellate Court upheld the decision. Burrage appealed to the United States Supreme Court. The Controlled Substances Act includes a "death results" enhanced penalty which subjects drug dealers to increased sentences when someone dies as a result of using drugs the dealer sold them. The US Supreme Court held that drug use as a contributing factor to death was not sufficient to impose the enhanced penalty. The US Supreme Court found that "results from" was not defined in the Act but found it to require proof that "the harm would not have occurred in the absence of…the defendant's conduct." University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ___________, 133 S. Ct. 2517 (2013). The Government argued that applying the ordinary meaning to "results from" would protect criminals from liability for their acts. The Supreme Court found this argument to lack merit on the grounds that, even without proof of but-for causation, criminals remain subject to the remaining provisions of U.S.C. Section 841. If you are facing charges for drug distribution, there are multiple components which may affect the ultimate outcome. Although there is often no way to obtain an acquittal in such cases, there is often great disparity in sentencing depending on the interpretation of statutes and factors applied and weighed at the time of sentencing. Drug distribution charges are met with harsh penalties due to the public interest in deterrence and it is critical that you obtain experienced criminal defense counsel to protect you against the charges and penalties. For more information regarding drug distribution, possession and possession with intent to distribute visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

Drug Suppression Motion For Warrantless Search Denied

In State v. Salladino the defendant was indicted for 3rd theft of movable property (N.J.S.A. 2C:20-3) and 3rd degree possession of a controlled dangerous substance (CDS) (N.J.S.A. 2C:35-10a1). The defendant won a suppression motion relating to the Oxycodone found during the warrantless search by police. The prosecution filed an interlocutory appeal and the N.J. Appellate Court determined that, although the Oxycodone was found during a search of the defendant's person exceeding the scope of Terry v. Ohio, 392 U.S. 1 (1968), the drugs would have inevitably been discovered when the defendant was searched incident to the arrest for the robbery charges. According to the court's holding in State v. Sugar, 100, N.J. 211 (1985) if the evidence would have inevitably been discovered as a result of an independent and predictable circumstance, it remains admissible even if seized by other unlawful means. The Appellate division held that the suppression motion should not have been granted and remanded for further proceedings. Following a call from a robbery victim, police located 2 suspects in the vicinity matching the description given by the victim. The officer in charge of the investigation ordered that the suspects be brought before the victim for a show-up identification. Prior to transporting Salladino to the show-up, a police officer conducted a pat-down search of the defendant to ensure the defendant has no weapons. During the frisk, the officer felt a "hard bulge" and retrieved a pill bottle without a label or lid which contained 83 Percocet pills. The officer seized the pills but made no arrest regarding the Percocet. The suspects were positively identified by the victim during a show-up identification and they were arrested. At no time between the stop and the arrest could the defendant have removed the pills from his person without notice by the police, therefore, the Percocet would have been inevitably discovered during the search incident to arrest even though retrieving the pill bottle from the defendant's person exceeded the scope of a Terry stop as there was no reasonable basis to conclude the defendant was armed and the officer never claimed he believed the "hard bulge" was a weapon. If you are facing drug charges and believe evidence obtained against you may have been obtained in violation of your rights, you should consult with an experienced criminal defense attorney immediately. For more information about controlled dangerous substances, robbery, warrantless searches, CDS in a motor vehicle or other criminal issues in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

NJ Makes Plans To Curtail Prescription Drug Abuse

New Jersey is planning to slow down prescription drug abuse after a rapid rise in such abuse over the past few years. People, especially teens, have been abusing drugs including Adderall, Ritalin, codeine, methadone, fentanyl, oxycodone, vicodin, Valium, Xanax, Ambien, Lunesta at an ever increasing rate. Although these drugs are beneficial for certain conditions and there is a legitimate need for them, they are addictive and often lead to other drug use, including heroin. With fear for public safety and especially younger generations which seem to have a high percentage of addiction among users, New Jersey is considering methods, including legislation, to monitor the sale of prescription medicine. The ease of obtaining controlled dangerous substances (CDS) from corrupt doctors, phony wellness clinics and organized crime are considered the primary reasons for the rise in use of both heroin and prescription medication in the past few years. The New Jersey State Commission of Investigation has put forward recommendations in order to try and curtail distribution for inappropriate purposes throughout the state. They believe actions such as regulation of prepaid cellular phones, strengthening the state’s prescription drug monitoring system and the formation of a state strike force for drug investigations would greatly decrease the sale of these narcotics to minors. The Commission’s report includes data supporting the premise that the use by minors of prescription medication for recreational purposes often leads to trying heroin which is instantly addicting. Heroin addiction often leads to a substantial criminal history as individuals who cannot keep a job resort to shoplifting, theft, burglary and occasionally robbery in order to obtain funds to support their habit. Another frequent consequence of heroin is fatal overdose. Prescription drug charges in NJ will have a serious impact on your life including inability to obtain certain jobs and social stigma. If you are facing charges of possession or distribution in NJ you should seek an experienced attorney immediately to protect your rights. For more information on possession, distribution, possession of CDS in a motor vehicle or other serious drug charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way is it intended to replace to advice of legal counsel.