Heroin Possession Attorneys in Passaic County NJ
Heroin possession is a serious criminal offense that is supposed to result in indictable criminal charges (i.e. a felony) in all cases in New Jersey. The result why it is classified as a felony is because it is a Schedule I drug under the Controlled Substances Act of this state. Possessing heroin is a third degree crime under N.J.S.A. 2C:35-5, which carries many potential penalties including state prison and a fine that can exceed $20,000. If you were arrested for possession of heroin, our defense firm, the Law Offices of Marshall, Bonus, Proetta & Oliver has the knowledge and skill to properly defend you. Our Passaic County heroin possession defense lawyers will determine the best course of action for achieving a successful outcome to your charge. We have been representing defendants charged with possessing heroin, distributing marijuana, possession cocaine and heroin distribution Give us a call at 862-203-4070 for assistance.
Hawthorne NJ Heroin Possession Lawyers
Heroin Possession Law of New Jersey
Pursuant to N.J.S.A. 2C:35-10(a)(1), “it is unlawful for any person, knowingly or purposefully, to obtain, or to possess, actually or constructively, a controlled 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.” If you are facing an offense for possessing heroin, the prosecutor must prove that you knowingly or purposely possessed heroin to convict you. It is important to keep in mind, however, that constructive possession suffices under 2C:35-10. What this means is that, while you did not physically have the heroin on your person, you are still guilty of possession if you knew of the existence of the drug and had the ability and intention to exercise control over it.
Penalties for Possessing Heroin
As previously stated, if you are convicted of heroin possession, it is a third degree crime. The jail term for this offense involves a presumptive range of three (3) to five (5) years in prison. If you have no prior record, you may be eligible for Pretrial Intervention and a presumption of non-incarceraton. The fine if you possessed heroin can be as high as $35,000. There is also a mandatory drivers license suspension of six (6) months to two (2) years upon conviction. The penalties for being under the influence of heroin are less severe as that charge is not a felony but a disorderly persons offense.
Passaic City Heroin Possession Defense Lawyers
No one wants to have a felony drug possession charge on their record nor go to jail if they do not have to. Take advantage of the benefit of speaking to an experienced heroin defense attorney before things get any more serious. We have extensive experience in representing clients charged with various drug offense in Passaic County, in towns Little Falls, Wayne, Passaic City, Clifton, West Milford, Haledon and Hawthorne. A member of our defense team is ready to assist you now at 862-203-4070.