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Facing A School Zone Drug Charge In New Jersey? The enhanced penalties for a school zone violation are triggered only after a defendant is convicted of the underlying drug crime, and the prosecution proves that the offense was committed within a school zone. A fine of $150, 000 may also be imposed. The law is still catching up to the sudden appearance and rapid expansion of the use of this substance so the laws are a bit blurry surrounding it. Possession of Drugs on School Grounds. If the offender is convicted under this law, they shall be punishable by the following additional punishments: The United States and the Commonwealth of Massachusetts take crimes involving drugs very seriously. To find how your drug arrest can be challenged, contact the best Boston drug crimes defense lawyer immediately. This crime carries with it the same penalties as Possession with Intent to Distribute heroin or any other Class A, and can be found in the above paragraph. Drug-free zones are significant because the charges and penalties for certain controlled substances offenses are enhanced when they're committed in these areas. Possession of a controlled substance. Areas within 300 feet of: - Public swimming pools. Don't leave your future up to Florida's broken criminal justice system; call our attorneys today to schedule a free initial consultation. Possession of more than 20 grams is a felony punishable by up to 5 years in jail and a fine of $5, 000.

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Stop wondering if your attorney actually cares and start... "- D. T. If convicted of intentionally engaging in the same offense within a school zone, the presumptive sentence would be six years, the minimum sentence five years and the maximum 11 years. Pennsylvania General Assembly. In order to be convicted of this crime, the prosecution must be able to prove the following three elements of the crime: Under Massachusetts, drugs such as heroin are classified as Class A controlled substances. Under Texas Health and Safety Code 481. The staff at The Peugh Law Firm has years of experience successfully defending clients in Denton County Juvenile Court who have been accused of possession of drugs at school. However, the petition will go on to describe the delinquent conduct and will use language from the Health and Safety Code that describes juveniles with drugs at school. James Novak will fight for your rights. 2C:35-7, addresses drug offenses that are committed on or near school grounds. 44, a judge will sentence you to two to nine years in a New York State prison for a first-time offender.

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It's dubbed "$5 insanity" because it is extremely cheap and users exhibit erratic and irregular behavior when they take the drug. While drug possession may seem like a minor offense, the possible penalties show that the state of Texas considers it to be a serious crime. Sale of Any Amount of Marijuana. If you did not know there were drugs in the backpack you were holding for a friend, for example, then you are not guilty of possession of drugs at school. One element of drug possession that I continually attack in my practice is the element of knowledge. G) To Report Certain Acts to Law Enforcement and the Superintendent. This is largely due to the way that the statute was written, in response to enormous public pressure on the Massachusetts Legislature to "do something serious" about drugs and school-age children. Every petition for possession of illegal drugs will include the language, "the defendant intentionally or knowingly possessed x drug. " Sale of 10 grams or more Cocaine or Methamphetamine along with 2 aggravating factors, or Possession 25 grams or more of Cocaine or Methamphetamine along with 2 aggravating factors. Juvenile drug possession. The property must be used regularly and consistently for school purposes in order to be considered school property.

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Tennessee has made aggressive efforts to protect teens and kids from illegal drug activity, including laws that provide stiffer sentences for drug crimes committed near schools. Possession of 10 grams or more Cocaine or Methamphetamine along with 3 aggravating factors. The Law Office of John B. Brennan offers a free, no obligation case evaluation for individuals charged with possessing or distributing drugs in a school zone. Inevitably, juveniles will be caught by law enforcement with drugs in their possession and will be charged for them. Attorney Bernie McEvoy handles marijuana and narcotics crime cases throughout Williamson and Davidson Counties, including Franklin and Nashville. Listed by Committee Assignments. Drug offenses that directly or indirectly involve children are taken very seriously because of the possible health risks. However, 10 days must be given to the prosecution to permit the filing of an appeal. That is why you and your child need a good attorney. Contact The Peugh Law Firm.

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Delivery of ¼ ounce or less of marijuana. Possession of 28 grams or more is a felony of the first degree. Because of this, the juvenile system will allow for minors with simple possession charges be diverted from the criminal system and allow them to walk away from the experience without a criminal record. Marijuana: marijuana is the most commonly used drug in the state of Florida. Learn How The Experienced New Jersey School Zone Drug Charge Attorney At The Office of John B. Brennan Can Help Your Case. Possession of over 10 grams of heroin can result in a punishment of up to 30 years in prison, up to $10, 000 in monetary fines, and revocation of driver's license for 2 years. Possession of 2 ounces or more but less than 4 ounces of marijuana. In New Jersey, possession or distribution of a controlled dangerous substance (CDS) in a school zone is considered a third degree offense and penalties include a mandatory prison sentence — one-third to one-half of the sentence must be served with no chance of parole. This means that someone could be charged with criminal sale of a controlled substances in or near school grounds with no children actually present at the time of the alleged sale and as long as the person is within 1000 feet of school ground.

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The drug free school zone includes any area within 300 feet of any school or the grounds of a school, meaning 300 feet from the edge of school property. I Can Help, Tell Me What Happened. Call the New York City Drug Sale Lawyers and Former Manhattan Prosecutors at (212) 312-7129 or contact us online today. New Jersey School Zone Drug Charge Attorney. Juvenile punishments can include removing the child from his home. The State is aware that juveniles who are convicted and left with a criminal record are more likely to reoffend than those who have a clean criminal record. We can analyze your case and determine how to best defend your interests. Related Posts: A Guide for Victims of Stalking. If you were convicted of the very same offense in a drug-free school zone, however, you might serve two years in jail without an option of parole. The crimes affected by this enhancement include: - Possession of less than 28 grams of a Penalty Group 3 controlled substance. 5 grams of cocaine is typically a Class C felony offense, but a conviction may be punishable as a Class B felony if it involved a school zone drug violation.

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If you are charged with drug crimes such as possession, possession with intent to distribute, distribution or trafficking of illegal drugs or narcotics, it is crucial that you obtain the best legal counsel to defend you and protect your rights. If you are facing charges for New York criminal sale of a controlled substance in or near school grounds, do not delay another minute; call a New York drug defense attorney. District attorneys are extremely aggressive in using the Drug-Free School Zone Act to prosecute anyone allegedly selling, possessing, or transporting drugs near a school. You have heard of charging instruments though, you may not know it.

The following offenses have enhanced penalties associated with drug free school zones: If convicted of any these offenses in which prosecutors can prove the defendant engaged in the offense in a drug free school zone, the convicted person will face a presumptive sentence, minimum sentence and maximum sentence is increased by one year. If you or someone you care about is facing this charge or other Massachusetts drug offenses, the decision you make about who to hire as your attorney will literally determine your future. In adult felonies, the charging instrument is the indictment. 00 to a maximum $10, 000. In Florida, there are specific guidelines to distinguish types and amounts of drugs that will deem them simple misdemeanor possession versus felony possession or intent to sell. Listed by District Number. The first way is to attack the law. Because: Penalties and Punishment for School Zone Drug Offense: A defendant who has been convicted of a Massachusetts school zone drug violation will be sentenced to state prison for a term of anywhere from a minimum of 2 ½ years to a maximum of 15 years, or alternatively to a County Jail/House of Correction for a minimum term of 2 ½ years. Whether you are charged with a misdemeanor crime involving a Class D drug such as marijuana or felony crimes involving distributing or trafficking of a Class A drug such as heroin, the Massachusetts drug crimes defense lawyer that you choose can often make a difference between facing jail time, being placed on probation or paying fines. Under all circumstances following a guilty verdict, there is a mandatory minimum prison or jail sentence of 2 years. The law goes on to define day care facilities as a "building, structure, athletic playing field, a playground or land contained within the real property boundary line of a public or private child day care center. The judge cannot show any mercy, or exercise any discretion in sentencing. The prosecution must also demonstrate that the alleged crime occurred in a "school zone", as defined by law. Because of this, what was once penalized by a maximum jail term of 180 days is now punishable by up to 1 year in jail.

In considering the factors associated with determining whether the controlled substance was intended to be distributed, prosecutors often look to the nature of the drug packaging, if any, and other items such as the amount of cash involved and any other tools of the drug trade present such as scales and the presence of other drug paraphernalia. These charges can be a very complicated area of Massachusetts drug crimes, and if you're charged with this offense, you're going to need an experienced Massachusetts drug crimes defense lawyer to defend you as soon as possible in order to protect your legal rights and preserve all possible defense strategies. In our view, this is one of the worst drug laws on the books in this state, largely because of the extremely severe mandatory minimum jail sentences involved, which can run up to a maximum of 15 years in state prison. New Jersey's additional criminal penalties for possession or distribution of illegal drugs apply if the alleged act occurs within 1, 000 feet of school property. Stalking is intentionally following or harassing another person.

A drug distribution charge is a serious charge by itself, but if the crime was committed on school property another offense is added to the charges of the accused. Arrange a free consultation today by calling the Law Office of Bernie McEvoy at (615) 255-9595 during the day or (615) 804-8779 on evenings and weekends, or contacting us online. Even if your criminal defense lawyer or drug sale defense attorney convinces both a prosecutor and judge to offer you an alternative without incarceration, such as a treatment program, at best your criminal conviction can be sealed. Repeat Sale - up to 40 years in prison with a required sentence of at least 4 years. The prosecution must prove beyond a reasonable doubt that the defendant did, in fact, distribute, dispense, or possess a CDS with the intent to distribute the drug. Essentially, New York State law penalizes the unlawful sale of controlled substances anywhere that schoolchildren may be present. Drug sales and trafficking. A juvenile defense possessing drugs at school will find herself charged with an offense that is one level higher or one level more serious than possessing drugs elsewhere.

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