If you’ve been charged with a drug crime in New Jersey, is that considered a state or a federal crime? What can you expect to happen?
State crimes in New Jersey usually aren’t also federal crimes. However, all drug offenses are both state and federal crimes. Prosecutors turn cases over to the federal government for various reasons, such as access to greater resources or if the charges extend to multiple states. While federal guidelines have leveled out penalties in multijurisdictional cases, federal penalties are usually harsher than what the state would impose for the same crimes.
If you’ve been arrested for or charged with a drug-related crime in New Jersey, don’t try to handle your situation alone. You need an aggressive and experienced criminal defense attorney who will defend your rights and fight to get your criminal charges dropped or reduced. Call the experienced criminal defense lawyers of Keith Oliver Criminal Law today.
We’ll investigate the circumstances of your arrest, look for weaknesses in the prosecution’s case, and craft a defense that fits your situation and has the greatest chance of a good outcome for you. Contact our experienced drug defense lawyers today for a free consultation and learn more about how we can help.
Are Drug Crimes State or Federal Offenses in New Jersey?
Federal law dictates that it is illegal to possess, manufacture, sell, or use controlled dangerous substances in any state. These laws supersede most state laws regarding drug use or possession, except for the state laws that have legalized marijuana. Dangerous controlled substances (DCS) include drugs from marijuana plants to fentanyl, and the possession, manufacture, distribution, or use of these substances carry penalties dependent on the drug’s classification and the possessor’s intent.
New Jersey also has laws making the possession, manufacture, distribution, or use of a controlled substance illegal. A drug arrest in New Jersey by the police can easily escalate into a federal crime if large quantities of the drugs have crossed state lines, if the DCS are sold on federal property, or if the United States Postal Service or a private mail carrier are used to sell and transport the drugs.
Structure of Federal Sentencing Guidelines
In the criminal justice system, federal judges have some leeway in sentencing. They must abide by the guidelines established by law and issue a sentence that is sufficient, but not more harsh than necessary, to meet the statutory purposes of sentencing. They must consider a wide range of factors in determining a sentence. Here are some of the elements.
- Defendant’s prior criminal record
- Classification and amount of DCS involved in the drug charges
- Injuries or deaths that resulted from criminal activity
- Use of firearms in the crime, if any
There are other components of the sentencing structure within these essential factors.
If the defendant has a criminal history, that history is considered based on the severity of the past crime. A defendant with a minor marijuana conviction is a lower-level offender. One with an extensive record of firearms and assault convictions is a much higher level. The characteristics of the offense are split into levels, and the judge can add to or subtract from the level based on any special offense characteristics.
The judge will then consider adjustments that can reduce or increase the sentence. If the defendant accepts responsibility for the action, there can be an adjustment in their favor. The guidelines also recognize that some defendants are in the wrong place at the wrong time, and the judge can impose a four-level adjustment under those circumstances. Conversely, if the defendant obstructs justice, that’s a two-level increase in the sentence.
Federal judges keep track of all these factors with a sentencing table. They find the intersection of the offense level and any prior criminal history and begin their sentencing adjustments from that point.
New Jersey State vs. Federal Sentencing in Drug Crimes
The penalties in New Jersey drug cases are severe. Prison time is highly likely with a conviction, depending on the degree of the offense. A first-degree offense carries a sentence of up to 20 years, while a fourth-degree conviction could mean an 18-month term. However, some drug offense statutes include language that increases the potential prison time to as much as 30 years or life in prison.
Drug convictions in New Jersey also carry severe financial penalties. The court considers factors like the nature of the accused’s role in the crime and the classification of the DCS. Fines range from $15,000 to $1,000,000, and the judge has the discretion to impose them on the defendant.
How Do Federal Sentencing Guidelines Impact Sentences for Drug Crime Convictions in Monmouth County, NJ?
A state’s freedom to develop and impose its criminal statutes is a big part of the United States judicial system. New Jersey has historically dealt with drug crimes with swift and severe penalties. However, penalties were not always applied consistently among the various jurisdictions in the state. In both state and federal courts, some judges imposed directly by-the-book sentences. In contrast, others took a broader view of the individual crime and crafted sentences that specifically addressed a defendant’s situation.
Other states have different approaches to punishing drug crimes, and a defendant with charges in several states could seek a change of jurisdiction to a state with more lenient penalties.
In 1984, Congress passed a law that standardized federal sentencing guidelines across the board. This law impacted defendants and judges alike. Judges lost much of their discretion in sentencing, while the playing field was leveled for accused citizens. Before 1984, the discrepancies in sentencing skewed towards wealthy defendants. The guidelines included in that law enabled a more even-handed application of the law for Monmouth County citizens who’ve been brought up on charges in federal courts.
How Much Discretion Do Judges Have in Sentencing for Drug Convictions?
Federal judges are bound to comply with federal sentencing guidelines. Any leeway they have is confined to the sentencing chart. New Jersey state court judges follow the New Jersey Criminal Code and relevant case law. Judges have the discretion to consider outside factors—circumstances and prior history are two good examples—when delivering a sentence.
Crimes lower than second-degree generally do not carry a prison sentence, giving judges the leeway to impose sentences that focus on the individual defendant and may include non-custodial penalties as well.
How Can a Drug Crime Lawyer Help During Sentencing?
Drug crimes are complicated. Unless you are a drug crime defense lawyer, understanding federal and New Jersey laws regarding DCS crimes is difficult. If you or a family member have been accused of a drug crime, you need a criminal lawyer by your side who will fight for your rights.
A conviction for a drug crime is not necessarily the end of the case for a defendant. A skilled New Jersey drug crime attorney can take your case even after a guilty verdict. They can review all the aspects of the case, from the initial conditions of the arrest and how the police handled it to evidence presented or not presented in court.
When you have been convicted of a felony in a federal court, the sentencing process takes several weeks. Your lawyer will prepare arguments highlighting why you should receive a more lenient sentence. They will include mitigating factors in their arguments. Some of those factors could include:
- Your willingness to reform
- Mental health issues, if you have them
- Substance or alcohol addictions that affected your behavior
- Your lack of a criminal record
Why You Should Hire A Drug Defense Attorney Early
Navigating the New Jersey criminal system is a nerve-wracking process at best. It’s a stressful time for you and your family, and it affects every part of your life. The sooner you hire a criminal defense lawyer after you’ve been arrested for a drug crime, the sooner you will have a partner to guide you through this challenging time.
An experienced criminal defense lawyer knows how state crimes can escalate into federal crimes and can develop a strategy to try to get the charges, whether state or federal, dropped or to arrange plea bargains to reduce the charges. In some cases, the team at Keith Oliver Criminal Law has gotten all charges dropped.
Preparing a solid defense in a drug trial takes experience and a deep understanding of drug crime laws, how prosecutors operate, and sentencing guidelines. At Keith Oliver Criminal Law, our experienced drug crime attorneys defend clients just like you every day. We have a history of handling complex cases with the best outcomes for our clients—reduced or dropped charges, minimal sentences, or no time in jail.
Our criminal defense attorneys have strong working relationships with prosecutors in Monmouth and surrounding counties. We are with you at every step of the trial, sentencing, and appeals process. The first consultation with Keith Oliver Criminal Law is free, and you can contact us at any time, day or night, to start the process.