Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Wednesday, November 19, 2008

Controlled dangerous substances near or on school property Third degree 2C:35-7

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Controlled dangerous substances near or on school property
Third degree 2C:35-7

If record of conviction establishes a
controlled substance as defined in 21
U.S.C. § 802, would be deemed a
“drug trafficking” AF. However, if
conviction is for distribution of a
small amount of marijuana, and the
record of conviction does not
establish remuneration, may not be
considered an AF. Wilson v.
Ashcroft,350 F.3d 377 (3d Cir.
2003); Steele v. Blackman, 236 F.3d
130 (3d Cir. 2001). Please see more
detailed note at end of chart.
Would probably be
considered a CIMT.
Would probably be
considered a CSO if record of
conviction establishes a
controlled substance as
defined in 21 U.S.C. § 802.

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