NJ New Jersey Brimage Guidelines

NJ Brimage Guidelines – Advice in Simple Words

In New Jersey, the Brimage Guidelines establish strict mandatory minimum sentences for certain drug crimes. If you face charges like distribution or possession with intent, understanding how the Brimage Guidelines work is critical.

What are the Brimage Guidelines in New Jersey?

The Brimage Guidelines are sentencing rules for drug crimes in New Jersey. They require judges to impose mandatory minimum prison terms based on the type and weight of drugs involved[1].

The guidelines were created in 1987 after the Brimage Supreme Court case. They have been modified over the years but still impose harsh mandatory minimum sentences for drug offenders[2].

What Drug Crimes Do the Brimage Guidelines Apply To?

The Brimage Guidelines mainly cover drug distribution and possession with intent to distribute charges[3]. This includes crimes like:

• Cocaine distribution
• Heroin distribution
• Marijuana distribution
• Meth distribution
• Prescription pill distribution

The guidelines provide weight ranges for each drug. Selling larger amounts leads to longer mandatory minimum sentences. Even small quantities can trigger years in prison.

How Do the Mandatory Minimum Sentences Work?

The Brimage Guidelines provide sentencing ranges based on the weight of drugs involved[4]. For example:

• 5-10 grams of cocaine – 3 year minimum prison term
• 10-20 grams of heroin – 5 year minimum prison term
• 25-50 pounds of marijuana – 5 year minimum prison term

Judges have little discretion with Brimage crimes. The mandatory minimums must be imposed regardless of other factors.

Are There Any Defenses Against Brimage Guideline Charges?

Yes, an experienced criminal defense attorney can raise arguments to fight Brimage charges[5]. Possible defenses include:

• You did not possess or distribute the drugs
• The police violated your rights in the investigation
• You did not intend to distribute the drugs
• You were entrapped by law enforcement

In some cases, charges can be dismissed pre-trial. An attorney can also negotiate with prosecutors to amend charges and avoid the mandatory minimums.

What If I’m Facing Other Drug Charges Too?

The Brimage Guidelines only apply to distribution and possession with intent crimes. However, you may face additional charges like[6]:

• Simple drug possession
• Drug manufacturing
• Drug conspiracy
• Maintaining a drug house

Your attorney will fight all the charges simultaneously and seek to get Brimage counts dismissed to avoid severe mandatory minimums.

Should I Just Plead Guilty and Cooperate?

Pleading guilty to Brimage charges should be avoided if possible. While cooperating with prosecutors may lead to a lesser sentence, you will still have a felony conviction[4]. This can ruin future job, education, and housing prospects. An attorney will strongly defend against the charges first before considering a plea deal.

How Can a Lawyer Help Me Fight Brimage Charges?

The key is retaining an experienced New Jersey drug crimes attorney as early as possible. A knowledgeable lawyer can[5]:

• Conduct an independent investigation
• File motions to suppress evidence
• Negotiate with the prosecution
• Advocate for you in court
• Craft compelling trial strategies

With an aggressive legal defense, the charges can potentially be dismissed pre-trial or won at trial.

Don’t Face Brimage Mandatory Minimums Without a Lawyer

The stakes are extremely high when facing drug charges under New Jersey’s Brimage Guidelines. But a skilled criminal defense attorney can thoroughly analyze your case and build the strongest defense. This provides the best chance at avoiding mandatory minimum prison time and preserving your future.