http://www.nj.com/statehouse/times/index.ssf?/base/news-0/1106734028197791.xmlMary Burke, the mother of a 22-year-old man who was sentenced to three years in prison for selling two ounces of marijuana to an undercover officer, called for a change in New Jersey's mandatory minimum sentencing laws for drug offenders.
"I never knew how damaging New Jersey's drug laws could be until I learned the hard way," said Burke, who has since moved to Easton, Pa. "It was his first conviction. He was 21 years old and attending college."
Even though Brian Burke was a first-time offender, he was charged under the school zone law which requires a minimum of three years in prison by prosecutors in Hunterdon County, which at that time had no drug court. "We had no idea these laws even existed in our state and could not believe the judge was not able to factor in that Brian was so young and had no prior convictions. But the judge's hands were tied. Instead of attending college, Brian served nine months in prison."
Mercer County Prosecutor Joseph Bocchini is against changes that might limit his ability to get drug dealers off the streets.
"You have to take it on a case-by-case basis," Bocchini said. "There are reasons, unfortunately, from time to time that a given defendant may get a lesser sentence than others. For example, based on cooperation (with authorities) after their arrest. You have a defendant that gave up other dealers. . . . If I can get three for the price of one, it's in the best interest of the people of Mercer County."
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The NJ. com site seems to be down? Here is a link with the same info about the case and the FAMM group
http://www.famm.org/si_sbs_newjersey_eagletonpoll_1_25_05.htm