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NJ New Jersey Drug Induced Death Defense Lawyer Lawyers

March 21, 2024 Uncategorized

 

NJ New Jersey Drug Induced Death Defense Lawyer Lawyers

Being charged with a drug induced death in New Jersey can be an incredibly scary and overwhelming experience. The consequences are severe – up to 20 years in prison just for a first offense. But with the right legal defense team on your side, there is hope. This article will walk you through everything you need to know about NJ drug induced death charges, potential defenses, and finding the right lawyer to fight for you.

What is a Drug Induced Death Charge in NJ?

New Jersey statute 2C:35-9 allows prosecutors to charge someone with a first-degree crime if they can prove that person manufactured, distributed, dispensed, or possessed a controlled dangerous substance, and someone else died as a result of ingesting that substance. It doesn’t matter if the death was accidental or intentional. Just providing the drugs that caused someone’s death is enough for a drug induced death charge.

The potential penalties are severe – 10 to 20 years in state prison and fines up to $200,000 for a first offense. That jumps up to 20 years to life in prison and $200,000 to $500,000 in fines if there are prior convictions. With that much at stake, having an experienced drug induced death defense attorney on your side is critical.

Common Defenses Against Drug Induced Death Charges

While drug induced death cases can be challenging to defend, there are strategies an experienced lawyer may use to get charges reduced or dismissed. Some common defenses include:

  • You didn’t directly provide the drugs that caused death – Prosecutors have to prove you directly provided the substance that killed the victim. If someone else supplied the drugs, you may not be liable.
  • The victim misused or altered the drug – If evidence shows the victim used the drug in a way you didn’t intend or combined it with other substances, it weakens the prosecution’s case.
  • Lack of intent – You may not have known how potent the drugs were or intended any harm to the victim.
  • False or coerced confession – If you confessed after aggressive police interrogation, your lawyer can try to get it thrown out.
  • Illegal search and seizure – If police obtained evidence through an unconstitutional search, it may be inadmissible.

An experienced drug crimes lawyer will thoroughly investigate the details of your case to determine if any of these defenses could get your charges reduced or dismissed.

Finding the Right NJ Drug Induced Death Defense Lawyer

Choosing the right lawyer can make all the difference in a drug induced death case. Look for an attorney with specific experience defending NJ drug charges. Key credentials to consider include:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Years of experience specifically handling drug cases – Look for 10+ years.
  • Familiarity with local courts, judges, and prosecutors.
  • Track record getting drug charges dismissed or reduced.
  • Knowledge of medical and forensic evidence used in drug cases.
  • Willingness to take cases to trial if necessary.

Also look for a lawyer who makes you feel comfortable and gives your case personal attention. Drug charges can be complex, so you want an attorney who will take the time to understand your full situation.

Reputable options to consider include:

  • Gelman Law Firm – Based in South Jersey, they have over 45 years combined experience specifically defending drug charges.
  • John B. Brennan – A former prosecutor, he now aggressively defends NJ drug induced death cases.
  • Law Offices of Anthony J. Vecchio – Well-respected NJ drug crimes lawyer with proven trial experience.

Schedule initial consultations with a few top lawyers to find one you feel comfortable with and confident in. Drug charges are extremely serious, so take the time to choose your defense attorney carefully.

The Legal Process in NJ Drug Induced Death Cases

If you are charged with a drug induced death in New Jersey, here is a basic overview of what you can expect:

  1. Arrest and booking – Police will take you into custody, photograph and fingerprint you, and you’ll have to post bail to be released.
  2. First court appearance – At your first hearing, charges are formally read and a plea is entered (often “not guilty” at this stage). Bail terms may also be set or reviewed.
  3. Case investigation – Your lawyer will begin investigating by interviewing witnesses, reviewing evidence, hiring experts, and preparing your defense strategy.
  4. Plea negotiations – Your attorney may negotiate with prosecutors to get charges reduced or dismissed in exchange for a guilty plea.
  5. Pre-trial motions – Your lawyer can challenge evidence, statements or other procedures by filing motions with the court.
  6. Trial – If a plea deal isn’t reached, your case will go to trial where a jury will decide if you are guilty or not guilty.
  7. Sentencing – If found guilty, the judge will impose a sentence based on mandatory minimums and sentencing guidelines.
  8. Appeals – You can appeal your conviction or sentence if errors were made during the trial process.

Having an experienced drug crimes lawyer to guide you through this complex process is critical. Do not go through it alone.

What to Do If You Are Facing Drug Induced Death Charges

Being charged with causing someone’s death by providing drugs understandably causes shock, fear and immense stress. But there are some key steps you can take to begin building your defense:

  • Remain silent – Do not say anything to police without your lawyer present. Anything you say can be used against you.
  • Hire a lawyer immediately – An experienced drug crimes attorney can start building your defense right away.
  • Follow bail terms – Make sure you understand and closely follow any bail terms set by the court.
  • Avoid discussing the case – Don’t post on social media or talk to anyone but your lawyer about the details of your case.
  • Seek counseling if needed – The emotional trauma of being charged can be overwhelming. Seek professional help.
  • Lean on your support system – Turn to family and friends who believe in you and will stand by your side.

While the road ahead is long and difficult, taking proactive steps like finding an experienced lawyer and following their advice is critical to building the strongest case possible.

Why Drug Induced Death Cases Are Challenging to Defend

Make no mistake – drug induced death charges are some of the most difficult cases to defend against. Some key reasons why include:

  • Strict liability – The prosecution only has to prove you provided drugs, not that you intended harm.
  • Sympathy for the victim makes juries emotional and biased.
  • Minimum mandatory sentences give judges less flexibility.
  • Jailhouse informants and cooperating witnesses weaken defenses.
  • Proving causation of an overdose death can be scientifically complex.

For these reasons, having a lawyer thoroughly experienced in defending NJ drug charges is absolutely vital. While difficult, an experienced attorney can still find ways to get charges reduced or dismissed by applying savvy defense strategies.

Why You Should Never Take a Drug Induced Death Charge Plea Deal Without a Lawyer

When faced with overwhelming charges, you may be tempted to take a plea deal to avoid harsh mandatory minimum sentences. But accepting a plea without experienced legal guidance can be a huge mistake. Some key reasons to think twice include:

  • You may not fully understand the consequences of pleading guilty.
  • Charges could potentially be dismissed or reduced with the right defense.
  • A plea deal still likely means significant jail time.
  • Pleading guilty causes you to forfeit your right to trial.
  • If new evidence emerges later, it’s too late to fight the charges.

Talk to a lawyer before making any plea decisions. While a plea bargain may ultimately be your best option, you need expert guidance to make that choice wisely.

Finding Hope and Support Through the Legal Process

Facing drug induced death charges can be one of the loneliest and most isolating experiences imaginable. But finding hope and support from others who believe in you can make a tremendous difference. Some positive steps include:

  • Relying on family and friends who support you unconditionally.
  • Joining a support group for those facing similar charges.
  • Finding activities that bring you calm and comfort, like exercise or meditation.
  • Focusing on taking things one day at a time, rather than getting overwhelmed thinking about the future.
  • Exploring a faith community that believes in redemption and new beginnings.

No matter how dark things may seem, know that you are never alone. There are always people willing to help lift you up. Their support along with an experienced legal defense team can help you find hope for the future.

 

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