Arrested in Metuchen for Possession of Heroin
Former Metuchen & Middlesex Count Prosecutors In Our Firm Are Here To Defend You
Over 13,000 individuals die each year from heroin use and the police in Metuchen New Jersey intend on doing everything they can to curtail possession and distribution of this controlled dangerous substance (“CDS”). If you were arrested in Metuchen for possessing, selling or possession with intent to distribute heroin, you are exposed to imprisonment, substantial fines and a felony criminal record. The best way to combat these penalties is to retain an attorney who is skilled in defending heroin charges in Middlesex County.
The criminal attorneys at the Law Offices of Jonathan F. Marshall have more than a century of combined experience defending clients charged with heroin possession at the Middlesex County Superior Court. Our lawyers limit their practices to the defense of the accused, so you know the attorney representing you is adept in defending heroin possession and related offenses. e every aspect of the prosecution case. Contact us today for a free consultation with a lawyer with the knowledge to skillfully assist you in defending a heroin possession charge.
Heroin Possession in Metuchen New Jersey
N.J.S.A. 2C:35-10 makes it illegal to possess CDS without a valid prescription. Heroin is a Schedule I CDS that has no medical use so it cannot be possessed in New Jersey under any circumstance. Failure to obey this prohibition results in a third degree crime that must be heard at the Middlesex County Superior Court in New Brunswick notwithstanding the fact that the arrest occurred in Metuchen.
The law does not require actual possession, that is, direct physical control of heroin in order for someone to be convicted under N.J.S.A. 2C 35-10. You can be found guilty if you have knowledge of the presence of heroin and possess both the ability and intention to exercise control over it in the future. This concept is referred to as constructive possession. The classic example where this form of heroin possession arises is where drugs are concealed in a car or residence and, while they are not in directly possessed by any of the occupants, there is knowledge and intent to take control later.
Our Metuchen heroin possession lawyers diligently review and analyze the facts and evidence to identify defenses they can use to have evidence suppressed, including any unlawful search and seizure.
Penalties for a Metuchen Heroin Offense
N.J.S.A. 2C 35-10 makes heroin possession an indictable crime of the third degree. The penalties if someone is convicted for third degree heroin possession include imprisonment for up to five years and a fine of as much as $35,000. You will also lose your driving privileges for anywhere from six to 24 months. If possession occurs within 1,000 feet of school property (“school zone”), there is an additional penalty of at least 100 hours of community service.
If you sold or possessed heroin with intent to distribute, you can be charged with distribution in violation of N.J.S.A. 2C 35-5. Even if you did not receive anything in return for it, distributing heroin can lead to confinement in prison and other penalties. The ranger of incarceration is up to 5 years for a third degree crime, 5-10 years for a second degree crime and 10-20 years for a first degree crime.
Metuchen NJ Heroin Attorney
The heroin defense lawyers at the Law Offices of Jonathan F. Marshall are dedicated advocates using every legal defense supported by the facts and the evidence to attack the charges you are facing. The success of their relentless and resourceful defense strategies is evident in the proven record of success of the attorneys at our firm. An attorney is available 24 hours a day and seven days a week to speak with you in a free consultation. Call us at 732-246-7126 to speak to an accomplished lawyer immediately.
