Although use of heroin has slightly declined over the last several years, there continues to be many cases involving this controlled dangerous substance at the Middlesex County Superior Court in New Brunswick. Jason Siedman, the managing attorney of our New Brunswick Office, knows this fact as well as anyone given that he was the former Director of the Gangs Guns and Drug Task Force of the Middlesex County Prosecutor’s Office. He also happens to defend many individuals accused of possession of heroin and distribution of cocaine annually, including charges arising in Piscataway, East Brunswick, Woodbridge, New Brunswick and Old Bridge. Jason and the other attorneys on our defense are ready to what it takes to achieve a favorable outcome. Whether we need to challenge a search, a questionable motor vehicle stop, unconstitutional interrogation or another issue, an attorney will fight so that your rights are fully protected. To speak to a lawyer immediately in a free consultation, call 732-246-7126. One of our lawyers is available around the clock to help you.
Heroin Possession Offense In Accordance With N.J.S.A. 2C:35-10a(1)
Possession of heroin in any amount is illegal under N.J.S.A. 2C:35-10a(1). An individual can be convicted in New Brunswick under this law if they possess heroin in one of two ways. The first basis for a violation is direct or actual possession such as where the heroin is in the pocket of the accused or otherwise in their direct control. The second way someone can be in possession of heroin and face a New Brunswick criminal offense is by having constructive possession of the drug. This occurs where someone lacks direct control of the heroin but is aware of its existence and has the intent and ability to take control over it in the future. The primary examples of this form of 2C:35-10 charge is where CDS is hidden by a motorist in his vehicle or concealed in a household. They know where the drug is located and has the ability and intent to utilize it in the future.
A conviction under 2C:35-10a(1) for possessing heroin is a third degree crime. The penalties if you plead or are convicted of third degree heroin possession includes up to 5 years in prison and a fine of up to $35,000. If the conduct occurs in a school zone, penalties are enhanced. For additional information regarding New Brunswick cocaine possession click here.
Heroin Distribution Charge
A New Brunswick heroin case becomes significantly more complicated when it involves distribution, manufacturing or possession with intent. The primary reason for this statement stems from the fact that a distribution offense under N.J.S.A. 2C:35-5 can result in a first, second or third degree crime unlike one involving personal possession which caps out at a third degree. It is a first degree carrying 10-20 years in prison when the quantity being distributed is five ounces or more. When the weight of the heroin is at least one-half ounce but less than five, the charge results in a second degree crime. Third degree distribution and possession with intent to distribute arises when the amount of heroin is less than one-half ounce. An individual can also face separate heroin charges if the drugs are being distributed in a school zone or public park zone. To learn more about New Brunswick heroin distribution charges you can click here.
Pretrial Intervention. A program that someone facing a New Brunswick, South Plainfield, Carteret, Metuchen, North Brunswick or Edison heroin offense can use to avoid a felony conviction at the Superior Court is Pretrial Intervention (“PTI”). This relief is available to a first time offender facing a third degree crime and typically requires completion of one year of probation.
Woodbridge NJ Heroin Defense Lawyer
Woodbridge is one of the busiest, most populated and largest municipalities in Middlesex County so it is logical that it has a large amount of heroin cases. Whether your charge for possession or distribution of heroin arose in Woodbridge or another town such as South Brunswick, South River or East Brunswick, having proper representation from a lawyer who is highly experienced is crucial. Someone who is highly skilled in this area of law such as the attorneys at the Law Offices of Jonathan F. Marshall is going to be able to identify potential defenses and present them in the most effective manner possible. To speak to an attorney on our team about the specifics of your heroin offense, call our office at 732-246-7126. Lawyers are available to provide a free consultation immediately.
Additional Heroin Resources That You May Be Interested In Reviewing
