If you face charges of cocaine possession, working with a New Jersey drug possession lawyer to negotiate a plea bargain with the prosecution may give you an avenue to pursue a more favorable resolution to your charges than taking your case to trial. Understanding how plea bargains work can help you evaluate any offers made by prosecutors and make an informed decision.
Understanding Cocaine Possession Charges in New Jersey
Under New Jersey law, a person commits a crime if they knowingly or purposely obtain or possess a controlled dangerous substance or controlled substance analog, except under a valid prescription or order issued by a licensed medical practitioner. New Jersey classifies cocaine as a Schedule II drug. Under the law, a person who possesses a Schedule II drug commits a third-degree crime, which imposes a penalty of one to five years in prison and a potential fine of up to $35,000.
State law provides a presumption against incarceration if an individual has no prior history of indictable offenses. New Jersey may also allow a person charged with third-degree cocaine possession for pretrial intervention (PTI) if they have not participated in a diversion program before.
A person who manufactures, distributes, or dispenses cocaine also faces fines and jail time. Penalties depend on the amount of cocaine possessed, but generally include:
- Five or more ounces (including adulterants or dilutants) – 10 to 20 years in prison and a potential fine of up to $500,000, with a period of parole ineligibility equal to one-third to one-half of the prison term
- Half an ounce or more but less than five ounces – Five to 10 years in prison and a potential fine of up to $150,000
- Less than half an ounce – One to five years in prison and a potential fine of up to $75,000
The court also determines penalties based on outside circumstances, such as the suspect’s prior criminal record and if the drug crime occurred in a school zone or other public area.
What Is a Plea Bargain?
A plea bargain is an agreement between prosecutors and a defendant under which the defendant agrees to plead guilty to specific crimes in exchange for concessions from the prosecutors. Plea bargains frequently resolve criminal cases when prosecutors have overwhelming evidence of a defendant’s guilt. A plea bargain may allow a defendant to obtain a more favorable sentence than if they proceeded to trial.
Types of Plea Bargains Available in Cocaine Possession Cases
The types of plea bargains available in cocaine possession cases include:
- Charge bargaining – In a charge plea bargain, prosecutors agree to substitute a charge against a defendant for a lesser graded charge or a lesser-included offense, such as reducing a cocaine possession charge with intent to distribute to a simple possession charge.
- Count bargaining – In a count plea bargain, the prosecution agrees to dismiss some charges against the defendant in exchange for their guilty plea to other charges. Count bargaining can reduce defendants’ total sentencing exposure if they face charges for which the trial court can impose consecutive sentences.
- Sentence bargaining – In a sentence plea bargain, the defendant agrees to plead guilty in exchange for the prosecution recommending a specific sentence or sentencing range. The prosecution typically recommends a sentence much lower than the maximum possible sentence. However, the trial court can reject the prosecution’s recommendation and impose a higher sentence than the parties requested.
Plea bargains can combine two or all three types of bargaining. A skilled criminal defense attorney can advise on whether a plea deal is a good idea in your situation after reviewing the facts of the case.
Pros and Cons of Plea Bargains in Cocaine Possession Cases
Plea bargains in cocaine possession cases can have advantages and disadvantages for both defendants and prosecutors. Some of the pros of a plea bargain for a defendant include:
- More favorable sentencing – Plea bargains typically result in criminal defendants receiving less harsh sentences than they might receive if convicted at trial. Trial courts look favorably upon defendants who accept responsibility for their crime by pleading guilty.
- Swifter resolution – A plea bargain eliminates the need for a time-consuming criminal trial, allowing defendants to begin serving their sentence sooner and get back to their lives.
Cons of plea bargaining for criminal defendants include:
- Giving up the right to a jury trial – A guilty plea means the defendant gives up the right to force the prosecution to prove their guilt beyond a reasonable doubt.
- Losing the presumption of innocence – Defendants who admit to cocaine possession may lose the ability to claim innocence in appeals or collateral proceedings.
The plea bargaining process can result in a better resol
Factors Affecting the Use of Plea Bargains in Freehold, NJ
Some of the factors that may affect whether prosecutors might agree to negotiate a plea bargain and what kind of deal they might accept include:
- The severity of the crime
- The defendant’s remorse and acceptance of responsibility
- The defendant’s willingness to pursue rehabilitation, such as substance abuse or mental health rehabilitation
- The defendant’s criminal history
- The case’s publicity and public interest
- The need to protect the public and promote respect for the law
Role of a Criminal Defense Lawyer in Negotiating Plea Bargains
A cocaine possession defense lawyer in NJ can help their client negotiate a favorable plea bargain in a drug case by:
- Explaining the criminal charges and the possible sentences following a conviction
- Investigating the charges
- Recovering all available evidence to evaluate the strength of the prosecution’s case
- Reviewing potential defenses
- Examining the terms of a plea offer
- Vigorously negotiating with prosecutors for the most favorable deal
- Advising the defendant on their rights and options as they consider whether to accept a plea bargain
Contact Our New Jersey Cocaine Possession Defense Lawyers for Help
If you are facing drug charges involving cocaine possession, a plea bargain may allow you to receive a less harsh sentence. But don’t take any deal from the prosecution without seeking legal counsel. Contact Keith Oliver Criminal Law today for a free consultation with a New Jersey drug possession lawyer.
