NJ New Jersey Drug Induced Death Defense Lawyer Lawyers

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:

• 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.