A legislative committee in New Jersey just voted to pass a bill that could do away with minimum mandatory terms of imprisonment, in some cases, for non-violent offenders, including those convicted in a drug-free school zone. The bill would empower judges to consider a number of mitigating factors to allow a non-custodial term for school-zone convictions, including whether: (a) the school was in session; (b) children were present; and (c) the defendant had prior convictions.
One of the sponsors of the measure observed that while minimum mandatory jail terms make a state look tough of crime, they do little in terms of creating justice. Unfortunately, this legislative movement was tied to another amendment that would increase the penalties for certain drunk driving offenses (DWI).
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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