New Jersey Section 2C:35A-5 – Revocation or Reduction of Penalty Assessment

New Jersey’s drug laws can seem complicated and confusing to many folks. Section 2C:35A-5 of the New Jersey Code deals with revoking or reducing penalties for certain drug offenses. This article will break it down in simple terms, so you can understand your rights and options if you face charges under this law.

Overview of 2C:35A-5

This section says the court cannot revoke or reduce any penalty imposed under New Jersey’s Comprehensive Drug Reform Act unless it follows the procedures laid out in Section 2C:35-12. Let’s break that down:

• The Comprehensive Drug Reform Act covers most drug crimes in New Jersey. It has penalties like fines, license suspension, and mandatory minimum prison sentences.
• Section 2C:35A-5 says the normal court rules for revoking or reducing sentences don’t apply to drug offenses under the Act.
• To revoke or reduce a drug penalty, the court must follow the procedures in 2C:35-12 instead.

So in a nutshell, this section limits the court’s ability to lower drug penalties, unless certain steps are followed. It takes away some of the court’s discretion.

When Does This Law Apply?

Section 2C:35A-5 applies any time someone is facing a penalty under New Jersey’s Comprehensive Drug Reform Act. This includes charges like:

• Possession or distribution of illegal drugs (2C:35-5)
• Drug offenses near schools (2C:35-7)
• Drug offenses in parks and public housing (2C:35-7.1)
• Operating a drug production facility (2C:35-4)

So if you’re charged with one of those drug crimes, the court can’t just lower your penalty on a whim. It must follow the proper procedures spelled out in the law.

What Are the Procedures Under 2C:35-12?

Okay, so what exactly are the procedures the court must follow under 2C:35-12 to revoke or reduce a drug penalty? There are a few key steps:

1. Prosecutor Must Consent

First, the prosecutor has to agree to the change. The court can’t modify the sentence unless the prosecution first consents.

2. Defendant Must Show “Serious Injustice”

Next, the defendant has to show there is a “serious injustice” in sticking with the original penalty. This is a pretty high bar to meet. It requires showing clear unfairness or undue harm from the original sentence.

3. Court Must Hold a Hearing

If the prosecutor agrees and the defendant shows a “serious injustice,” the court must hold a hearing to reconsider the sentence. Both sides can present arguments, and the court then decides whether to modify the penalty.

4. Court Must Explain Reasons

Finally, if the court does change the sentence, it must explain on the record why it found a “serious injustice.” It can’t modify the penalty arbitrarily.

So in summary, the court can’t just casually reduce drug penalties. The prosecutor has to agree, the defendant must prove unfairness, a hearing is held, and the court must justify its decision.

When Would a Court Revoke or Reduce a Drug Penalty?

Because of the high standards in 2C:35-12, it’s pretty rare for drug sentences to get modified. But there are some scenarios where New Jersey courts have reduced penalties under this law:

• Disproportionate penalties: If the original sentence seems way too harsh for the particular crime, a judge may lower it to avoid injustice. For example, a 20 year mandatory minimum for a first-time, low-level drug offense.
• Overcharging: Sometimes prosecutors tack on excessive charges with huge penalties to force plea deals. Judges may reduce inflated penalties that seem designed to coerce guilty pleas.
• Sentencing entrapment: This applies when undercover cops badger someone into selling larger drug quantities, just to trigger stiffer penalties. A judge may reduce the penalty to what seems fair for the defendant’s actual conduct.
• Substantial assistance: Defendants who provide “substantial assistance” to law enforcement in investigating or prosecuting others may get reduced penalties as a reward.

But again, these kinds of sentence reductions are uncommon in drug cases due to the high legal standards. The law is designed to limit changes to penalties.

The Bottom Line for Defendants

So if you’re facing drug charges in New Jersey that carry stiff penalties, here’s the bottom line:

Don’t count on the court casually reducing your penalty. Any modification requires overcoming major legal hurdles under 2C:35A-5 and 2C:35-12. The best approach is negotiating firmly with the prosecutor before sentencing to try avoiding harsh penalties in the first place.

An experienced New Jersey drug crimes lawyer can advise whether you may have grounds to seek a reduced penalty after conviction. But in general, this section of the law heavily favors upholding strict drug penalties, not lowering them.

The drug laws are complex, but I hope this overview of 2C:35A-5 helps you understand how efforts to modify sentences work in New Jersey. Let me know if you have any other questions!