Case Study

Background

A client sought representation from Rosenblum Law after being charged with an indictable offense under New Jersey law. The client was caught with a Ziploc bag containing a small quantity of powder cocaine. The charge, classified as a third-degree crime under N.J.S. 2C:35-10A, carried severe penalties, including the potential for 3 to 5 years in prison and fines of up to $150,000. The client had no prior criminal record and faced a court date at the Bergen County Superior Court.

Legal Challenges

The primary challenge was to mitigate the consequences of the third-degree charge, given the serious nature of drug-related offenses and the potential for a lengthy prison sentence and substantial fines. The objective was to avoid jail time and a permanent criminal record, which could significantly impact the client’s future.

Defense Strategy

Rosenblum Law’s experienced legal team employed a multi-faceted defense strategy:

1. Initial Assessment: The team carefully reviewed the details of the case, including the quantity of the drug involved and the client’s lack of prior criminal history. They assessed all available options to minimize legal consequences.
2. Plea Negotiation: Recognizing the client’s clean record and the relatively small amount of drugs involved, the defense team aimed to negotiate a plea deal. They engaged with the prosecutor’s office to seek a reduction of the charges. The goal was to avoid the case being processed as a third-degree crime, which carries significant penalties.
3. Pretrial Intervention Consideration: The team explored the possibility of Pretrial Intervention (PTI), a program designed to provide an alternative to traditional prosecution. This program could potentially allow the client to avoid a criminal record by completing certain requirements, such as community service or counseling.
4. Mitigation Efforts: The defense highlighted mitigating factors, including the client’s cooperation, willingness to seek help, and the non-violent nature of the offense. This approach aimed to portray the client in a favorable light and argue for leniency.

Outcome

Through diligent negotiation and a strategic approach, Rosenblum Law successfully reduced the client’s charge from a third-degree indictable offense to a local ordinance (non-criminal) violation. This highly unusual outcome meant that the client avoided the severe penalties associated with a felony conviction, including jail time and a permanent criminal record. Instead, the resolution involved a much less severe penalty, reflective of a minor infraction, with the potential for expungement after a brief period.

Conclusion

This case exemplifies Rosenblum Law’s commitment to achieving the best possible outcomes for its clients. By leveraging their expertise and understanding of the legal system, the firm was able to secure a significantly reduced charge, allowing the client to move forward without the heavy burden of a criminal record. The case underscores the importance of experienced legal representation in navigating complex legal challenges