New Jersey Heroin Charges Attorney
Heroin Drug Crime Lawyers in Hamilton Represents Clients Facing Possession and Distribution Charges in Mercer County, Monmouth County, Middlesex County, and Throughout NJ
Heroin is an illegal opioid drug recognized as one of the most dangerous controlled substances due to its addictiveness and high risk for overdose. If you’ve been arrested for possession or distribution of heroin, you may face severe penalties in the event of a conviction. You deserve seasoned legal counsel to help you advocate for a fair outcome to your criminal charges. Turn to a New Jersey heroin charges attorney from The Scardella Law Firm LLC for help. We have dedicated our careers to defending the freedom and future of people accused of crimes, standing up for their rights in the criminal justice system. We have extensive experience as prosecutors and defense attorneys, which has given us a deep understanding of New Jersey criminal law. Our focus on obtaining successful results for clients has earned us recognition from multiple publications and legal associations.
If you have been arrested and charged with heroin possession, get the legal help you need to protect your rights and freedom. Contact The Scardella Law Firm LLC for a free initial case evaluation to discuss your legal options with our knowledgeable heroin drug crime lawyers in Hamilton, NJ. Let us fight to secure a favorable resolution to your criminal charges.
Heroin Drug Crimes in New Jersey
New Jersey law makes it illegal for people to possess heroin or any of its controlled substance analogs. The law also requires anyone who knowingly comes into possession of heroin to turn it over to a law enforcement officer promptly.
The New Jersey criminal code also outlaws the manufacture, transportation, or distribution of heroin and the possession of heroin with intent to distribute. Possessing more than half an ounce of heroin will usually result in a charge of possession with intent to distribute. However, a PWID charge may arise in other circumstances indicating that the person possessing the heroin intended to distribute it.
Penalties for a Heroin Conviction
Simple possession of heroin (possession of heroin intended for personal use) is graded as a third-degree crime in New Jersey. It carries a maximum penalty of five years in state prison, a potential fine of up to $35,000, and suspension of driving privileges. Manufacturing, transporting, distributing, or possessing heroin with intent to distribute can have much more severe penalties, depending on the quantity of heroin involved:
- Less than half an ounce – Up to five years in prison and a potential fine of up to $75,000
- Half an ounce to five ounces – Up to 10 years in prison and a potential fine of up to $150,000
- Five or more ounces – Ten to 20 years in prison, with a mandatory period of parole ineligibility of one-third to one-half of the imposed prison term, plus a potential fine of up to $500,000
Courts may also impose mandatory periods of parole ineligibility for distributing or possessing heroin with intent to distribute on or within 1,000 feet of a school bus or school property.
Turn to a New Jersey Heroin Charges Attorney to Guide You Through the Criminal Process
Facing criminal prosecution can seem scary and overwhelming, especially after a first-time arrest. When the whole system seems set up against you, you deserve to have dedicated legal advocates in your corner who will level the playing field for you. The heroin drug crimes lawyers in Hamilton, NJ, of Audelotte & Scardella Law LLC will guide you through each stage of the criminal justice process, including:
- Investigating your charges to secure all available evidence to help build a compelling case strategy
- Identifying potential defenses to your possession or distribution charges, including challenging the legality of aspects of law enforcement’s investigation, such as the validity of search warrants or the legality of traffic stops or warrantless searches
- Preparing you for what to expect in your case and providing the information and advice you need to make the best decisions for your interests
- Evaluating your legal options, including the appropriateness of applying for admission to recovery court or negotiating a plea agreement with the prosecution after we’ve exhausted every other alternative
- Filing motions to exclude evidence or reduce or dismiss your charges as appropriate
- Advocating on your behalf at trial if you choose to contest your charges
Contact Us for a Free Case Review to Learn More About Your Legal Options in Facing Heroin Possession Charges
You shouldn’t have to face the criminal justice system alone. Contact The Scardella Law Firm LLC today for a free, confidential consultation to learn more about how a New Jersey heroin charges attorney from our firm will advocate for your rights and pursue a favorable outcome in your case. We can help guide you through the criminal justice process and prepare you for what to expect at every stage of your case.
Frequently Asked Questions About Heroin Charges in New Jersey
Various factors will determine whether a heroin possession crime gets charged as simple possession or possession with intent to distribute. Quantity is often an essential factor in determining how a heroin possession offense will be charged since a person found possessing more heroin than they would reasonably use themselves may be inferred to be selling the drugs. A person possessing drugs packaged for individual sale may also be charged with possession with intent to distribute. Or possession with intent to distribute may be charged if heroin is found with other evidence of distribution activity, such as scales, packaging materials, or large quantities of cash.
A person does not need physical control over drugs to be charged with possession. The state can obtain a conviction for heroin possession by proving beyond a reasonable doubt that a defendant had constructive possession of the heroin. Constructive possession involves having the means to control the drugs, such as having them in a room or storage container that only one person can access. Constructive possession may also occur when a person is found in a room or residence where heroin is found, even if the individual did not have the heroin on their person.
