NJ Heroin Possession & Distribution
New Jersey Heroin Defense Lawyer
Heroin is one of the most highly addictive drugs on the market, and is extremely dangerous both to use and to sell. Your involvement with heroin can result in severe repercussions, and a conviction of heroin possession and/ or distribution in New Jersey carries with it harsh penalties that can last a lifetime. Possible consequences for heroin offenses may include fines, prison time, suspension or revocation of a driver’s license, mandatory drug counseling, and mandatory registration as a drug offender. Therefore, if you have been charged with a heroin offense, it is extremely important to contact an attorney with knowledge of New Jersey’s drug laws to represent you and protect your legal rights. The attorneys at The Law Offices of Jonathan F. Marshall have worked with many heroin possession and distribution cases, and have the knowledge necessary to get this charge wiped from your personal record. A conviction of this sort can not only affect your life right now, but it can prohibit you from getting a job or loans in the future. Please call our lawyers for a free initial consultation to discuss the options available for your case. Our lawyers can be reached at telephone number 1-877-450-8301 and will answer your questions free of charge.
Possession of Heroin in New Jersey
It is against the law for you to possess any amount of heroin, as this is an extremely dangerous substance. A person who possessed heroin is guilty of a crime of the third degree, and can face a fine of up to $35,000. Additionally, a person may face 18 months to 5 years in prison for this offense.
Possession with Intent to Distribute Heroin
If a person knowingly and purposely possesses heroin with an intent to disperse or distribute the substance, he or she will face even more severe punishment for this activity.
- It is a crime of the first degree if a person possesses 5 or more ounces of heroin, including any adulterants or dilutants. This offense may result in 10-20 years imprisonment, and a fine of $500,000.
- It is a crime of the second degree if a person possesses a quantity of less than 5 ounces but more than ½ an ounce of heroin, and could face 5-10 years imprisonment.
- It is a crime of the third degree if a person possesses a quantity of less than ½ an ounce of heroin. This crime results in a fine of $75,000 and possible imprisonment of 18 months to 5 years.
Possession of Heroin within a School Zone
It is very important for children not to be exposed to this dangerous drug, and the court takes possession of heroin in a school zone extremely seriously. Any person who possesses heroin while on any property used for school purposes will face additional penalties to their criminal sentence. In fact, that person may be required to perform at least 100 hours of community service in addition to any other sentence that the court may impose.
A person is guilty of possession of heroin within a school zone if:
- The property is owned by or leased to any elementary or secondary school or school board, or
- The person is within 1,000 feet of any such school property or a school bus, or
- The person is aboard any school bus
Constructive Possession of Heroin
It is possible to be convicted of possession of heroin even if you never had actual physical control over the substance. If you have knowledge that the drug is present and it is proven that you had an intent to exercise physical control over it, then you may be liable for the offense. Therefore, please be sure not to place yourself in this type of situation. It is easy to be thrown in the middle of a drug offense if you surround yourself with other people who either possess, manufacture, or distribute the substance.
NJ Heroin Distribution Charge
Heroin has become an industry of enormous proportions that has spread across the entire nation and is it now available in every state including New Jersey. Manufacturing and distributing the drug has become a large part of this billion-dollar industry. However, in an attempt to combat this spread New Jersey has passed extremely severe penalties for people caught manufacturing, distributing or dispensing this product.
In fact, any person who takes part in the manufacturing of heroin or any of its derivatives faces:
- A crime of the first degree if the person manufactures, distributes, or dispenses a quantity of 5 ounces or more of heroin or its derivative including any adulterants or dilutants. A first degree conviction results in a fine of up to $500,000 and imprisonment without parole for specified portion of the sentence.
- A crime of the second degree if the person manufactures, distributes or dispenses heroin or its derivative in a quantity of ½ ounce or more but less than 5 ounces, including any adulterants or dilutants.
- A crime of the third degree if the person manufactures, distributes or dispenses heroin or its derivative in a quantity of less than ½ ounce including any adulterants or dilutants. Additionally, a fine of us to $75,000 may be imposed.
Under N.J.S.A 2C:35-5(c), the quantity of heroin determined for the degree of your conviction may be combined from multiple distributions of the substance to several persons or from a dispersal of the substance several times to the same person. The court will aggregate the quantity only if each individual act of manufacturing, distributing, or dispensing the heroin was committed within the applicable statute of limitations.
If you think you may have an addiction to heroin, it is important for you to seek help and rehabilitation. This is especially important if you have been convicted of a drug crime, which means that you have a serious problem that needs to be remedied. Speaking to others and admitting your addiction may be one of the most important decisions that you can make for yourself, your family, and your future. There are many twenty-four hour help lines that you contact to get started on your road back to health, including heroinhelp.com, telephone number 1-866-925-4033. In the meantime, it is very important to speak with an attorney who can help your legal situation. Please call us at 1-877-450-8301 to discuss the options of your specific case.
