South Jersey Drugs Near a School Zone Defense Attorney

Drugs in a School Zone Charge Lawyer in Camden County, NJ Assists Clients Facing Charges in Burlington County, Cumberland County, Gloucester County, and Throughout New Jersey

To rid the streets of drugs, reduce drug-related crimes, and save children from the impact of illegal drugs, New Jersey has enacted several drug-related laws. These laws govern everything from the possession, manufacture, and distribution of controlled dangerous substances to the evidentiary requirements for convictions. Statute N.J.S.A. 2C:35-7, however, specifically addresses drugs in school zones. The penalties for breaking these laws are harsh, so contact a trusted South Jersey drugs near a school zone defense attorney at Gelman Law, LLC for assistance with your case.

N.J.S.A. 2C:35-7 on Distributing, Dispensing, or Possessing Controlled Dangerous Substances On or Within School Property

N.J.S.A. 2C:35-7 covers the definitions and penalties for drug-related crimes within school zones. As generally defined, these rules mostly apply to school property that is used for school purposes. This property can be owned or leased by any elementary school, secondary school, or school board. This law also applies to actions that occur within 1,000 feet of such school property—even on or near a school bus.

Anyone convicted of breaking this law will be held guilty of a crime of the third degree and, in many cases, will face jail time unless certain provisions are met as provided under N.J.S.A. 2C:35-12—the law on the Waiver of Mandatory Minimum and Extended Terms.

Depending on how much of a controlled dangerous substance was involved in the case, any priors of the defendant, and the extent to which anyone was harmed (such as fatalities that can lead to serious drug-induced death charges), or violations of N.J.S.A. 2C:35-7 can lead to jail time, fines, and ineligibility for parole.

Other factors that will determine the seriousness of the charges you face include the specific location of the offense in relation to the school property; the reasonable likelihood that children were exposed to drug-related activities at that location; whether school was in session when the alleged offense occurred; and whether children were present at or near where the alleged offense occurred.

South Jersey Drugs Near a School Zone Defense Attorney Confidently Handles These Complex Cases

Drug crimes that occur in school zones are so serious that there are specific provisions that do not allow the court to waive minimum charges if the defendant is found guilty of certain offenses. This is why it is critical you speak with a drugs in a school zone defense lawyer in Camden County, NJ at Gelman Law, LLC.

For example, as per N.J.S.A. 2C:35-7, the court will not waive or reduce minimum sentences or sentence a defendant to probation if it finds that the school zone offense in question took place on any school property that is used for school purposes, if there was use or threat of use of violence, or if the defendant was in possession of a firearm while perpetrating the crimes in question.

A Qualified Drugs in a School Zone Charge Lawyer in Cherry Hill, NJ Can Help You Navigate Legal Clauses as Part of Your Defense

Statute N.J.S.A. 2C:35-7 mentioned above does not merge with other charges, such as N.J.S.2C:35-5—which covers the manufacture, distribution, or dispensing of controlled dangerous substances; or N.J.S.2C:35-6—which involves employing a juvenile in a drug distribution scheme. This means you can face separate charges for each crime, adding to the total fines and jail time you potentially face.

Furthermore, you cannot claim that you were unaware that the illegal conduct you are accused of took place while on or within 1,000 feet of any school property. You also cannot claim that there were no children present or that school was not in session when the alleged illegal actions took place. These arguments are exclusively categorized as impermissible defenses under N.J.S.A. 2C:35-7. This is why you must seek guidance from an experienced South Jersey drugs near a school zone defense attorney at Gelman Law to defend you in your case. Our legal team can help you navigate the law and craft a solid defense on your behalf.

That being said, there are many ways an experienced defense lawyer at Gellman Law, LLC can defend you against a school zone drug charge depending on the circumstances of your case.

For example, under N.J.S.A. 2C:35-7 it could be argued that the alleged misconduct took place completely within a private residence and that no one aged 17 years or younger was present at any time. It might also be possible to argue that the offenses in question did not involve the distribution, dispensing, or possession with the intent to distribute or dispense controlled dangerous substances of any kind. 

We can also use municipal or county engineer maps to prove that the offenses in question did not occur within 1,000 feet of any property used for school purposes, which would effectively change the charges you face from a school zone drug charge to a regular drug charge.

In order to identify the best strategy for your defense, we’ll need to know all the details of your case. Contact experienced attorney David Gelman today for a free consultation to learn more about your legal rights and options.

Contact a South Jersey Drugs Near a School Zone Defense Attorney at Gelman Law, LLC Today for a Free Consultation

Our offices are just a phone call away. Contact a reputable drugs in a school zone charge lawyer in Camden County, NJ at our firm to learn more about the law, how we can defend you, and how to go about handling the charges you face.

Frequently Asked Questions About Facing Criminal Charges for Drugs in a School in New Jersey