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If you have a criminal record and are facing charges for another crime you may receive enhanced penalties. A prior conviction can impact the penalties and sentencing you receive for current drug offenses. A Mercer County drug crime lawyer can offer skilled representation and counsel during your criminal case. Reach out to an attorney for more information.
How Does a Prior Conviction Impact My Current Drug Case?
Having a criminal record can shine a negative light on you. A judge or jury may see that you have a prior conviction of a similar offense and know that you did not learn from your mistakes and have fallen back into criminal activity.
Information about prior convictions is not always admissible as evidence in a trial. However, if it pertains to the situation then it might be. Being considered a second or subsequent offender can result in more severe penalties and your criminal history can act as evidence of poor morals or that you are not trustworthy or dependable. In some cases, judges are required to impose harsher sentences for a second or subsequent offense.
What Factors Influence Penalties?
While most if not all charges have mandatory minimum sentencing and fees, the actual outcome of a criminal case will vary depending on the specific details of the situation. There may be aggravating or mitigating factors that impact the outcome of a drug case. A court will examine the following when determining a defendant’s penalties for a drug crime.
- Prior criminal record
- The type of drugs involved
- The amount of drugs possessed
- Where the possession occurred
- Intent to distribute
- Cooperation with law enforcement
- Whether or not weapons were involved
Generally, a higher amount and more strictly regulated type of drug will result in more severe sentencing. If possession occurred near a school or child care center it will also exacerbate the consequences of a conviction.
What Are the Penalties for Drug Charges in NJ?
There are many drug crimes that an individual can be found guilty of in New Jersey. You can be charged with:
- Trafficking or distribution
- Simple possession
- Possession with intent to distribute
- Manufacturing
- Prescription fraud
The above and more can result in an arrest and conviction. For the purpose of this example, suppose you are being charged with simple possession. Possession of a controlled substance or narcotic is a third-degree crime in New Jersey. A conviction can result in the following penalties.
- Fines of up to $35,000
- Imprisonment of 3 to 5 years
- Potential loss of driver’s license
- Mandatory drug education and rehabilitation programs
If you are being charged with a second offense it can result in harsher consequences. Depending on the details of the situation you could be fined more, sentenced to the longest prison term, or be charged with a second-degree crime.
Reach out to a skilled attorney to obtain legal representation during your drug case.
