Different Drug Aggregation: Part 1

by | Jun 9, 2017 | Blog, Drug Crime, Monmouth County, Ocean County

Drug AggregationOn November 11, 2016, in the case of State v. Rivastineo, the Appellate Division was called upon to decide whether the State is permitted to combine the weight of different drugs seized from a defendant in order to charge a higher degree of crime. In relevant part, the Court held that:

“The court’s goal in statutory interpretation is to determine and effectuate the Legislature’s intent. This inquiry must begin with the plain language of the statute, giving the terms used therein their ordinary and accepted meaning. When the Legislature’s chosen words lead to one clear and unambiguous result, the interpretive process comes to a close, without the need to consider extrinsic aids. We will not ‘rewrite a plainly-written enactment of the Legislature or presume that the Legislature intended something other than that expressed by way of the plain language.

The plain language of N.J.S.A. 2C:35-5 supports the interpretation that the aggregation of the weights of different substances for charging purposes is not permitted. N.J.S.A. 2C:35-5(a)(1) states that it is unlawful to possess with the intent to distribute “a controlled dangerous substance.” (Emphasis added). N.J.S.A. 2C:35-5(a)(2) criminalizes the creation, distribution or possession with the intent to distribute of “a counterfeit controlled dangerous substance.” (Emphasis added). The use of the singular “substance,” in N.J.S.A. 2C:35-5(a)(1)-(2) plainly refers to only one drug.

The text of N.J.S.A. 2C:35-5(b)(1) further supports Judge Clark’s interpretation that N.J.S.A. 2C:35-5(c) does not authorize the aggregation of multiple drugs for charging purposes. Pursuant to N.J.S.A. 2C:35-5(b)(1), it is a first-degree crime to “violate[] subsection a. with respect to: Heroin, or its analog, or coca leaves . . . .” (Emphasis added).

When constructing the Legislature’s words, every effort should be made to avoid rendering any part of the statute superfluous. The Legislature’s use of “or” evidences its intent to refer to heroin and cocaine in the alternative, and indicates that possession of the two substances is to be charged separately.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Have been very happy to share checkpoint info with friends so they can be safe and sober drivers. Thanks for a great community effort
Ron T
Google star 1Google star 2Google star 3Google star 4Google star 5
Deserved 5 star review. I got all my charges dismissed.
Mraz09222
Google star 1Google star 2Google star 3Google star 4Google star 5
2 👍🏻👍🏻 up
Cc
Google star 1Google star 2Google star 3Google star 4Google star 5
I got my life back together because of this man he is quick,strategic,and will get you threw almost any criminal matter.When things are looking rough legal wise he will fight for you…FRED SISTO THE WAY TO GO!!!
Byron P
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is an outstanding lawyer. As a fellow attorney, I've relied on his expertise in several cases, and have referred clients to him with excellent results.
Wyman
Google star 1Google star 2Google star 3Google star 4Google star 5
Great site Fred. keep up the good work at informing the public of these unlawful check points.
Mark H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a very competent attorney. He is knowledgeable, thorough, effective and possesses outstanding interpersonal skills. He provided excellent representation in my case and obtained a favorable outcome.
Michael G
Google star 1Google star 2Google star 3Google star 4Google star 5
I called Mr. Sisto a few weeks back and he returned the call immediately! I asked a few questions and he clearly explained the options for one of my employees. He then followed up with a detailed proposal. He was completely knowledgeable, helpful and insightful. If I ever had to use him I would feel VERY comfortable with his representation.
Dave P
Google star 1Google star 2Google star 3Google star 4Google star 5
mr. fred sisto esq. was very professional, answered all questions i had, & made my husband & i feel more at ease about our criminal case.
Meridith T
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you Fred for all your hard work and communication through my case. I got into a situation and very fortunate to have had Fred help me resolve it. He gave me great options and advice on how he would handle the situation and the steps we needed to follow. Highly satisfied with my experience and would highly recommend. Thank you Anthony Zappulla
Anthony Z