Heroin users are extremely secretive about their use and addiction to heroin because of the dirty stigma it has in our society. However, in recent years, heroin has become more mainstream and has gained increasing popularity with teenagers, young adults and even some older professionals. This is a direct result from the heavy and over use of Prescription Drugs and pain killers which are highly addictive and readily available. Most heroin users start by taking pain killers such as percocets and vicodin and then move to oxycontin and suboxone because they are more powerful. However, eventually heroin becomes a much cheaper alternative to achieve the same or better high because most pain killers are very expensive on the black market. In an attempt to combat the growing “epidemic”, New Jersey has made even mere possession of heroin – no matter how small – a serious indictable felony offense. At Proetta & Oliver, our criminal defense lawyers have literally handled thousands criminal charges over the years including heroin possession and distribution. We represent clients charged with possession of heroin throughout New Jersey including Jersey City, Hoboken, Newark, Secaucus, Harrison, Bayonne, and North Bergen. If you would like to learn more about potential representation, then contact us today at (201) 793-8018 to speak with a heroin defense attorney free of charge or schedule an appointment at our Jersey City office.
2C:35-10 New Jersey Heroin Possession Statute
The statute which punishes the possession of heroin, along with other “hard” drugs is listed below, in pertinent part, for your convenience.
a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226. Any person who violates this section with respect to:
(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 35,000.00 may be imposed;
Possession of Heroin in Jersey City NJ Attorney
Since heroin is considered a Schedule I Controlled Dangerous Substance in New Jersey, just the mere possession of heroin is a third degree indictable crime. A third degree felony is punishable by up to 3 – 5 years in state prison and can expose you to other consequences such as probation, drug testing, community service, and loss of your driver’s license. Moreover, there are enhanced penalties if you are charged with Distribution of Heroin depending on the amount of heroin in your possession or if you are arrested for Intent to Distribute within 500 ft of Public Park or Intent to Distribute within a School Zone. No matter the circumstances of your case, heroin charges are serious and defending them can be complicated and difficult if you are not experienced. Drug cases are typically riddled with various suppression issues such as an illegal search or seizure, improper gathering or testing of evidence, and unreliability from anonymous tips. Our law firm is well versed in handling heroin cases and related charges such as Drug Paraphernalia. Our criminal lawyers are typically able to secure our client’s admittance into Pre-Trial Intervention to avoid a record or obtain a waiver into Drug Court to avoid state prison or, if the facts allow, negotiate a downgrade and remand. We represent clients arrested for heroin throughout New Jersey including Union City, Weehawken, Bloomfield, Kearny, Belleville, Guttenberg, and East Orange. If you would like to learn more about how we can help you, then contact us today at (201) 793-8018 to a schedule a free consultation with an attorney at our Jersey City office.