LEADER OF NARCOTICS NETWORK 2C:35‑3) model jury charge in NJ
LEADER OF NARCOTICS TRAFFICKING NETWORK
(N.J.S.A. 2C:35‑3)model jury charge
[For crimes committed after January 12, 1998]
Countof the indictment charges defendant with the crime of being a leader of a narcotics trafficking network. That section of our statutes provides in pertinent part that
A person is a leader of a narcotics trafficking network if he conspires with two or more other persons in a scheme or course of conduct to unlawfully manufacture, distribute, dispense, bring into, or transport in this State methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate,flunitrazepamor any controlled dangerous substance classified in Schedule I or II or any drug or substance which, when ingested, is metabolized or otherwise becomes a controlled dangerous substance in the body,or any controlled substance analogthereof as a financier, or as an organizer, supervisor or manager of at least one other person.
In order to convict defendant of the charge, the State must prove each of the following elements beyond a reasonable doubt:
(1)That defendant conspired with two or more persons.
(2)That the purpose of the conspiracy included a scheme or course of conduct to unlawfully (manufacture, distribute, dispense, bring into, or transport) in this State (name controlled dangerous substance or analog allegedly involved), and
(3)That defendant was a financier
That defendant was an organizer, supervisor or manager of at least one other person and
(4)That defendant occupied a high level position in the conspiracy.
The first element that the State must prove beyond a reasonable doubt is that defendant conspired with two or more persons.[Read model jury charge on conspiracy; if conspiracy already charged, remind jurors of that definition].
The second element that the State must prove beyond a reasonable doubt is that the conspiracy included a scheme or course of conduct to unlawfully (manufacture, distribute, dispense, bring into or transport)controlled dangerous substances or an analog. Manufacture means the production, preparation, propagation, compounding, conversion or processing of a controlled dangerous substance or controlled substance analog, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container . . .Distribute means to deliver,i.e., the transfer from one person to another of controlled dangerous substance or a controlled substance analog. The transfer can be actual, constructive or attempted. Dispensing means to deliver a controlled dangerous substance or controlled substance analog to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. Transport means to carry from one place to another.[IF APPLICABLE, CHARGE THE FOLLOWING]. It is not a defense to this charge that the controlled dangerous substance or controlled substance analog was brought into this State solely for ultimate distribution or dispensing in another location.
The third element that the State must prove beyond a reasonable doubt is that defendant acted as[CHOOSE APPLICABLE]a financier[OR]as an organizer, supervisor or manager of at least one other person.A financier is a person who, with the intent to derive a profit, provides money or credit or other thing of value in order to purchase a controlled dangerous substance or an immediate precursor, or otherwise to finance the operations of a drug trafficking network. The State need not prove that any intended profit was actually realized.[IF APPLICABLE, CHARGE THE FOLLOWING].It is not a defense to this charge that the profit, if any, involved in this scheme was intended to be made in another location.
An organizer is a person who purposely arranges, devises, or plans a drug trafficking conspiracy. A supervisor is one who purposely oversees the operation of a drug trafficking conspiracy. A manager is one who purposely directs the operations of a drug trafficking conspiracy.
A person acts purposely with respect to the nature ofhis/herconduct or the result of that conduct if it ishis/herconscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to attendant circumstances if the person is aware of the existence of such circumstances or believes or hopes that they exist. With purpose, designed, with design, or equivalent terms have the same meaning. Purposely is a state of mind that cannot be seen and can only be determined by inference from conduct, words or acts. Therefore, it is not necessary that the State produce witnesses to testify that a defendant said thathe/shepurposely did something.His/Herpurpose may be gathered fromhis/heracts and conduct, from all thathe/shesaid and did at the particular time and place, and from all the surrounding circumstances reflected in the testimony [and evidence adduced at trial].
The fourth element that the State must prove beyond a reasonable doubt is that defendant held a high-level position in the drug trafficking conspiracy. In other words, the State must prove that defendant occupied a position of superior authority or control over other persons in a scheme or organization of drug distribution (or manufacture, dispensing or transportation) and that in that position the defendant exercised supervisory power or control over others engaged in the drug trafficking conspiracy.
Defendant, however, does not have to be the only or even the primary financier, organizer, supervisor, or manager, and it is no defense that defendant was subject to the supervision or management of another, nor that another person or persons were also leaders of the narcotics trafficking network.
If the State has proven each of these elements beyond a reasonable doubt, then you must find the defendant guilty. If the State has failed to prove beyond a reasonable doubt any element of this offense, then you must find the defendant not guilty.
Effective June 25, 1999.
Effective June 25, 1999.
See definition of controlled dangerous substance inN.J.S.A. 2C:35-2 (effective August 19, 1999).
Pick the appropriate controlled dangerous substance or analog alleged in the indictment.
Choose the appropriate allegation.
Read statutory exception to definition (N.J.S.A. 2C:35-2) if applicable.
InState v. Afanador, 134N.J. 162, 171 (1993), the Supreme Court indicated that the trial court was under no obligation to define these terms. However, inState v. Alexander, 136N.J. 563, 574-575 (1994), the Court decided that these terms should be more fully explained to the jury.
Query whether the rationale ofState v. Alexander, 136N.J. 563 (1994),i.e., that the defendant occupies a supervisory position, applies to financier.
| Consequences of a Criminal Guilty Plea|
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500