New Jersey Drug Induced Death Defense Lawyer

Fighting Drug Induced Death Charges in New Jersey

In New Jersey, drug induced death charges are some of the most serious a defendant can face. Under N.J.S.A. 2C:35-9, known as the “Strict Liability for Drug Induced Deaths” statute, anyone who manufactures, distributes, or dispenses certain illegal drugs can be held strictly liable if someone dies as a result of ingesting those drugs. This means prosecutors do not have to prove intent or recklessness – the act of providing the drugs alone is enough to lead to criminal charges if death results.

As a criminal defense attorney in New Jersey, I take these cases extremely seriously. A conviction can lead to massive fines and 10-20 years in prison. My job is to aggressively defend my clients and make sure their rights are protected when facing these daunting charges.

Overview of the Law

New Jersey’s drug induced death law imposes strict liability if someone dies from using methamphetamine, LSD, PCP, or any Schedule I or II controlled dangerous substance (CDS) that was provided illegally. This includes drugs like heroin, fentanyl, cocaine, and prescription painkillers like oxycodone.

To convict under this statute, prosecutors must prove:

• The defendant manufactured, distributed, or dispensed the drug illegally
• The victim died from ingesting the drug
• The defendant knew they were violating drug laws
• The drug involved was meth, LSD, PCP, or a Schedule I/II CDS

Unlike other homicide charges, prosecutors don’t have to show intent or recklessness. The act of providing the drugs is enough, even if the victim intentionally misused or overdosed on them.

Defending These Charges

Drug induced death charges may seem incredibly daunting, but in my career I’ve successfully defended numerous clients facing them. Some strategies I use include:

• Challenging cause of death – Prosecutors must definitively prove ingestion of the defendant’s drugs caused the victim’s death. I work with medical experts to challenge the state’s evidence if there is any room for doubt.
• Questioning links between defendant and victim – Prosecutors must prove the defendant directly provided drugs to the victim. I thoroughly investigate any weak links in this chain.
• Analyzing the drug itself – The drug must be meth, LSD, PCP or a Schedule I/II CDS. I determine if the drug is being categorized correctly.
• Seeking suppression – If police obtained any evidence through unconstitutional searches, I seek to get that evidence suppressed. This can cripple the state’s case.
• Mounting consent defense – While victims’ consent to take drugs is not a defense under the statute itself, consent can be used to defend against simultaneous manslaughter or homicide charges.
• Seeking venue change – If pre-trial publicity or other factors prevent a fair trial locally, I seek to move the trial to another county.
• Taking cases to trial – I’ve successfully defended drug induced death charges at trial by forcing prosecutors to prove their case beyond a reasonable doubt.

Sentencing and Penalties

If convicted of causing a drug induced death in New Jersey, defendants face:

• 10-20 years in prison
• Up to $200,000 in fines
• $3,000 in additional penalties
• Driver’s license suspension for up to 2 years

However, there are still ways to mitigate penalties and seek leniency at sentencing. As a criminal defense lawyer, my job doesn’t end if my client is convicted. I thoroughly advocate for reduced sentencing, presenting mitigating factors like:

• Minimal criminal history
• Positive work and community ties
• Participation in drug treatment programs
• Expression of genuine remorse
• Potential for rehabilitation

I’ve helped clients with drug induced death convictions receive far less than the maximum prison sentence through vigorous advocacy at this stage.

Why An Experienced Attorney Is Crucial

Facing drug induced death charges in New Jersey is scary. The penalties are severe and the prosecution is often aggressive. But an experienced criminal defense lawyer can make all the difference.

I have spent years helping clients in similar situations. I know how to navigate these complex cases and have a proven record of success. My goal is always the same – provide an aggressive defense and achieve the best possible outcome for my client.

I offer compassionate guidance and the benefit of my experience. I operate with integrity and transparency so you always understand the defense strategy. And I have the courtroom skills to stand up to the prosecution on your behalf.

Don’t go through this alone. The stakes are far too high. With an experienced attorney fighting for your rights, you have a much greater chance of success. Don’t leave your fate to chance – contact my office today for a free consultation.