My friend is charged with 2C:35-10A(1). How much jail time is he looking at?

Business 4 views 9 answers
Has priors Charged with 2 CDS and sale in project housing

Attorney Answers

9
John Doyle ·
3-5 years. Hire a good attorney through and hopefully be looking at no jail time.
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Michael Alvarez ·
Depends if they are still on probation and what if any other charges they likely have. Find a lawyer as soon as you can.
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Vonnie Dones ·
Under N.J.S.A. 2C:35-7.1, distribution within 500 feet of a public park or housing project, is a separate second degree crime, except where the quantity of marijuana is one ounce of less, in which case it is a third degree crime. A Second degree crime carries a potential penalty of 5-10 years. Second degree crimes face a presumptive term of incarceration. It is assumed that they will be sentenced to serve time in prison. A Third degree crime may result in 3-5 years if convicted. There is a presumption of non-custodial sentences on 3rd degree offenses. 2C:35-7.1. Distributing, dispensing or possession controlled substances; proximity to public housing facilities, parks or buildings a. Any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while in, on or within 500 feet of the real property comprising a public housing facility, a public park, or a public building is guilty of a crime of the second degree, except that it is a crime of the third degree if the violation involved less than one ounce of marijuana. b. It shall be no defense to a prosecution for violation of this section that the actor was unaware that the prohibited conduct took place while on or within 500 feet of a public housing facility, a public park, or a public building. c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for a violation of subsection a. of N.J.S.2C:35-5 (manufacturing, distributing or dispensing) or N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme). Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of N.J.S.2C:35-7 or any other offense defined in this chapter. d. It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct did not involve distributing, dispensing or possessing with the intent to distribute or dispense any controlled dangerous substance or controlled substance analog for profit, and that the prohibited conduct did not involve distribution to a person 17 years of age or younger. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter. e. In a prosecution under this section, a map produced or reproduced by any municipal or county engineer for the purpose of depicting the location and boundaries of the area on or within 500 feet of a public housing facility which is owned by or leased to a housing authority according to the "Local Redevelopment and Housing Law," P.L.1992, c. 79 (C.40A:12A-1 et seq.), the area in or within 500 feet of a public park, or the area in or within 500 feet of a public building, or a true copy of such a map, shall, upon proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas, provided that the governing body of the municipality or county has adopted a resolution or ordinance approving the map as official finding and record of the location and boundaries of the area or areas on or within 500 feet of a public housing facility, a public park, or a public building. Any map approved pursuant to this section may be changed from time to time by the governing body of the municipality or county. The original of every map approved or revised pursuant to this section, or a true copy thereof, shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county....
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Gary Moore ·
More prison if he is convicted. Five year sentences seem to be popular.
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Eric Mark ·
Depends on many details. With priors jail time is not out of the question.
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H Aalsberg ·
Jail time is very specific to the county charged. Essex being the easiest and Somerset/Hunterdon being the toughest from my experience. I agree that 5 years in the general amount but this can vary up and down based on the experience of your lawyer and the defenses if any you have.
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Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
a sale is not 35-10, that is possession. More information is needed. if a first offense in Essex no jail is likely. But the second degree is a problem, use an experienced criminal defense attorney.
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Paul Ferrell JrCriminal Defense AttorneyMarlton, NJ ·
Based on these limited facts, it's impossible to indicate probable penalties, but depending on the quantity of the CDS etc. and given his 2 prior CDS in housing convictions, he requires immediate legal counsel. I wish him good luck.
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Dennis Friel 1632038.Html ·
500 foot cases (public housing complex) are 2nd degree and carry 5-10 years. These counts are often dismissed in exchange for pleading to 3rd degree intent to distribute cases. There are very few places in Newark that are not also within 1000 feet of a school, was he charged with this also? Is he still on probation or is he on parole? Does he have a prior intent to distribute, which could implicate a mandatory extended term? No one can give you a realistic answer without this information.
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