Legal Question in Criminal Law in New Jersey

Re: violent crime

Crimes are considered violent based upon the classification

of the legislature. Narcotic trafficing violations (as compared to

mere possession) are generally classified as violent due to the nature

of the activity. Gang activity, murder, and other similar actions have

been found by the legislature to accompany narcotic trafficing. Possession, on the

other hand, is not associated with violence except to the degree that intoxicated

individuals may break the law. The classification is based upon the directness of the

violence in association with the illegal activity.

The best thing is to focus on your daughter and help her out of this situation as well as

get her away from those who adversely influence her. You may have tough decisions to make.

Re: violent crime

Possession with intent to distribute is not technically a crime of violence in New Jersey, although I agree that the penalties do seem to be pretty harsh. The legislature determines the penalties for each crime in New Jersey since they write the laws, so this is really a political issue. I don't know the details surrounding the charges and conviction of your daughter, but I'm assuming that she did have an attorney representing her, either a private attorney or a public defender. If there were other charges that your daughter also had against her, they may have been the ones considered crimes of violence. I am a private attorney that does criminal defense work in New Jersey, including cases similar to your daughter's. If you would like to discuss her situation with me or if you have any other legal questions, please feel free to call me at 908-272-0111. Thank you.