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Criminal Defense Litigation

3/8/2010
Frank T. Luciano, Esq.
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MARIJUANA/POT ATTORNEY IN BERGEN AND PASSAIC COUNTIES: PUBLIC HOUSING OFFENSE

If you distribute marijuana/pot or possess the substance with intent to distribute within 500 ft. of a public housing project you will be subjected to enhance penalties under New Jersey drug laws.

A public housing facility is one that is owned by local government under specific legislation  known as the “Local Redevelopment Housing Law”.   For purposes of computing the 500 ft. distance required by the statute the prosecution can use the outer boundaries of the real property where the facility is located.

In order to make its case under this section of the drug laws, the government does not have to produce any deeds or other title document.  The testimony of the investigating officer and the executive director of the property that property was a “public housing facility” and that the drug transaction was within 500 ft. of that property is sufficient.




Frank T. Luciano, Esq., is a trial lawyer in Bergen County, Passaic County, Hudson County and Morris County with over thirty years of experience in the defense of criminal prosecutions with special emphasis in drug crimes and drunk driving (DWI/DUI) offenses.


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