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Criminal Procedure Keyed to Miller
State v. Christopher Brimage
Citation:
706 A.2d 1096 (N.J. 1998)Facts
Brimage (defendant) was charged with possession of cocaine within 1,000 feet of school property. Under New Jersey law, the prosecutor had the authority to waive the mandatory minimum sentence, a three-year period of parole ineligibility. The Attorney General, on the other hand, established Plea Bargaining Guidelines that prescribed for school zone offenses probation conditioned on 364 days in county jail. In exchange for Brimage’s guilty plea, the prosecutor recommended a sentence of four years of incarceration in addition to the mandatory three years of parole ineligibility. Brimage argued that the prosecutor acted arbitrarily and capriciously by not making an offer that aligned with the Attorney General’s guidelines.
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Topic Resources
Topic Outline
Pretrial Procedures