Understanding New Jersey’s Drug Induced Death Law

In New Jersey, the law governing drug induced death is stringent and complex, leaving many individuals facing severe penalties without fully understanding their rights or the implications of these charges. The strict liability statute, N.J.S.A. 2C:35-9, holds distributors accountable for deaths resulting from drug use, regardless of intent, imposing penalties akin to homicide.

The consequences of a drug-induced death charge can be devastating, with potential sentences ranging from 10 to 20 years in prison and fines up to $200,000. Moreover, these charges often come alongside other drug-related offenses, compounding the legal and emotional burden on those affected. The lack of understanding of these laws can exacerbate fear and confusion, making it difficult for individuals to navigate the legal system effectively.

These charges are serious and complicated, requiring a thorough understanding of the law and a strategic defense approach. If you are facing such charges, including a drug-induced homicide sentence in New Jersey, know that our team is here to assist you. The New Jersey drug crimes defense attorneys at Lackey & Miller, LLC, are dedicated to offering aggressive and strategic representation to protect your rights and interests throughout the legal process.

What Constitutes a Drug-Induced Death Charge in New Jersey?

New Jersey is one of about two dozen states, as well as the federal government, that have implemented a drug-induced homicide law. This law permits prosecutors to bring charges against individuals who provide, sell, or distribute controlled dangerous substances that, once ingested, result in the death of the user. A single drug transaction could potentially lead to what is essentially a homicide charge, carrying with it grave repercussions.

What is the New Jersey Strict Liability for Drug-Induced Deaths Law?

The statute, also known as the Strict Liability for Drug-Induced Death Act (N.J.S.A. 2C:35-9), reads, “Any person who manufactures, distributes, or dispenses methamphetamine, lysergic acid diethylamide, phencyclidine, or any other controlled dangerous substance classified in Schedules I or II, or any controlled dangerous substance analog thereof, in violation of N.J.S. 2C:35-5, is strictly liable for the death that results from the injection, inhalation, or ingestion of that substance and is guilty of a crime of the first degree.”

The law covers various controlled dangerous substances, including opioids, heroin, fentanyl, and cocaine, among other illicit drugs.

While the statute aims to address the tragic issue of drug overdose fatalities, it raises concerns about the potential for unfair prosecutions. The law has sparked worries about overreach, despite its intention to tackle the serious issue of overdose deaths. For example, the law applies to individuals who may simply deliver drugs as a favor or for minimal profit, even if they are not considered drug dealers in the traditional sense.

More commonly, a major criticism of the law revolves around the prosecution of the drug user who isn’t necessarily a drug dealer but distributes small amounts of drugs occasionally to one or two friends to fuel their drug addiction. These are not your typical for-profit drug dealers or street-level dealers, but they can spend decades in jail because of prior low-level criminal records, such as possession of drugs or theft.

NJSA 2C:35-9 is a Strict Liability Statute

This is a strict liability statute, diverging from most other criminal statutes in New Jersey, which require the State to establish either purposeful, knowing, reckless, or negligent conduct beyond a reasonable doubt. Under this law, the prosecutor must prove beyond a reasonable doubt that the defendant sold or distributed the substance or was part of the distribution chain, not that the defendant intended to cause death.

Another common misconception is that the decedent’s voluntary use of the substance should act as some sort of defense to the charge of drug-induced death. However, the voluntary use of the substance is generally not a viable defense in New Jersey. Under New Jersey law, “it shall not be a defense to a prosecution under this section that the decedent contributed to his own death by his purposeful, knowing, reckless, or negligent injection, inhalation, or ingestion of the substance, or by his consenting to the administration of the substance by another.”

Merger is Prohibited if Drug Distribution Caused Another’s Death in New Jersey

A drug-induced death charge is a distinct offense that does not merge with other convictions related to drug distribution or manufacturing. It is a first-degree felony with penalties of:

• 10 to 20 years in prison
• A fine of up to $200,000
• Mandatory $3,000 penalty fee
• $50 laboratory fee
• Mandatory suspension of your driving privileges for up to two years

Because the penalties are so severe, an attorney experienced in these types of cases is crucial in drug-induced death cases.

How Drug-Induced Death Charges Differ from Other Drug-Related Offenses in New Jersey

Drug-induced death charges differ significantly from other drug-related offenses due to New Jersey’s strict liability clause and severe penalties.

Stages of a Drug-Induced Death Charge Case in New Jersey

If the state charges you with a drug-induced death, your case goes through several stages, including:

• Initial investigation: This stage begins with a wellness check or report of a death. The police collect evidence, including drug paraphernalia and cell phones, and obtain consent from family members to access the victim’s phone. The detectives use the victim’s phone to identify drug dealers via text messages. They often pose as buyers by setting up controlled purchases.
• Undercover operations: Detectives arrange drug buys with suspects. Occasionally, they will conduct multiple transactions to secure evidence.
• Arrest: The detectives arrest the target of the sting. They often have search warrants for the suspect’s phone, car, and home so they can gather additional evidence, such as matching drug stamps.
• Toxicology and medical examiner involvement: The lab analyzes blood and tissue samples to confirm the cause of death. Prosecutors collaborate with medical examiners to establish a direct link between the drugs and the fatality.
• Charging and prosecution: Initially, detectives often charge the suspect with drug distribution. If the toxicology report confirms the drugs caused the death, the state adds first-degree drug-induced death charges.
• First Appearance and Detention Hearing: Once the state charges the suspect, he or she attends a first appearance where the state has to option to move for pre-trial detention or release the defendant with conditions. The county prosecutor will often move to detain a defendant charged with strict-liability for drug induced death, especially if there is a criminal history.
• Discovery and pre-trial motions: In drug overdose deaths, as with other crimes, the case goes through the discovery process. Prosecutors must forward any evidence they gathered to the defense attorney. If the defense attorney or prosecution needs pre-trial motions, he or she will file them.
• Trial: If the case is not resolved, the suspect then attends a trial. While it can be a bench trial, it is usually a jury trial.
• Sentencing: The suspect returns to court to learn of his or her sentence.

What Does the Law Require to Get a Conviction?

The prosecution must prove:

• The victim’s death was a result of a Schedule I, Schedule II drug, or a controlled dangerous substance.
• The defendant sold the drug in question.
• The defendant knew that his or her involvement in the manufacture, distribution, or sale of the drug violated N.J.S.A. 2C:35-9.
• The victim took the drug that the defendant provided.
• The use of the drug caused the victim’s death.

Penalties and Sentencing — Understanding the Gravity

The penalties for drug-induced death are severe. It is classified in New Jersey as a first-degree crime, carrying the possibility of a 10 to 20-year prison sentence, subject to the No Early Release Act. Under this Act, an individual convicted of this offense must serve 85% of their sentence before being eligible for parole, and upon release, they will be under parole supervision for five years.

Because N.J.S.A. 2C:35-9 is a strict liability statute, the prosecution does not need to prove that the defendant intended to harm the victim. Once the link between the distribution and the death is established, the defendant can be held responsible.

Even when the victim behaved negligently, such as intentionally taking too much of the drug at once, the law holds the suspect liable.

Potential Defenses to a Drug-Induced Death Offense

Indeed, there are potential defenses to this charge, both on legal and factual grounds. Could the toxicology report reveal the presence of multiple substances, enabling a dual toxicity defense? Did the user’s cellphone or social media contain contacts for multiple drug dealers? Were the defendant and the user joint consumers of the substance, allowing for a possible “buddy” defense?

Were all the pieces of evidence gathered lawfully, and were your constitutional rights upheld throughout the entirety of the investigation? Every case is unique and fact-sensitive, requiring an aggressive and knowledgeable attorney to carefully examine all the evidence and help navigate these complicated issues.

Defense strategies may include:

• Challenging the causal link
• Challenging the evidence
• Lack of knowledge, such as believing you provided a non-drug substance
• Intentional overdose by the victim
• Presenting reasonable doubt
• Conduct of another person
• Dual toxicity, where other substances or pre-existing conditions contributed to the death
• Toxicology report accuracy
• “Buddy defense,” where more than one person jointly owned the drugs, which can negate “distribution” as a commercial transaction
• Illegal searches and seizures of homes, phones, and vehicles
• Invalid warrants or consent obtained for phone access
• “Good Samaritan Law,” where a defendant seeks medical help for the victim, could invoke immunity from possession charges, but this does not protect against a distribution charge

How an Experienced Drug Crimes Defense Lawyer in New Jersey Can Help

An experienced drug crimes defense lawyer in New Jersey can provide invaluable assistance when facing drug-related charges, including drug-induced death charges. A defense attorney well-versed in New Jersey’s strict liability laws, such as N.J.S.A. 2C:35-9, which holds individuals responsible for drug-induced deaths, can challenge evidence by questioning its validity in court. Lawyers can tailor defense strategies to your specific case, address concurrent charges, and identify weaknesses in the prosecution’s argument.

Our attorneys include former narcotics prosecutors with experience developing investigative strategies for drug cases, offering valuable insight into how the state pursues these charges. We also scrutinize lab reports, consult independent experts, and challenge causation claims.

We also leverage defenses such as dual toxicity, the buddy defense, and constitutional violations to see dismissals or reduced charges. Finally, we use mitigating evidence, such as character references and employment history, to argue for plea deals or concurrent sentences.

Why Work with Lackey & Miller, LLC

When you choose the attorneys of Lackey & Miller, you are choosing attorneys who have experience in handling drug-induced homicide cases. One of our attorneys helped design the methods of gathering evidence and prosecuting suspects under the drug-induced death law.

Testimonials

“I am extremely happy with the service I received from Lackey & Miller, LLC. Jeremy was professional and always made me feel like a priority. They kept me informed every step of the way and worked diligently to ensure the best outcome. I highly recommend Lackey & Miller, LLC. to anyone in need of excellent legal representation!” — AR.

“Jeremy Lackey handled 3 cases for me and was worth every single penny. First and foremost, the price for service was fair. Secondly, I acquired his services on a bit of short notice, but Mr. Lackey worked through the weekend going over my evidence and came to court prepared to fight for me, and that he did. I couldn’t ask for a better laywer on my side and will be my first choice should the need arise again.” — CC.

“Couldn’t be happier with the outcome of our case. From the initial consultation Jeremy Lackey listened to my concerns in a friendly, caring manner and helped to alleviate the anxiety and worry that I had. I would highly recommend this practice.” — KV.

Your Freedom is at Stake. Let Us Help.

Our law office, located in Cherry Hill, provides strong defense counsel to Atlantic County residents in a wide range of criminal defense cases. Call 856-399-0089 or contact us online to schedule a consultation with one of our Lackey & Miller, LLC, attorneys.