![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2022/01/heroine-3.jpg\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2021/12/New-Jersey-Supreme-Court-Certified-Attorney.png\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tNew Jersey Heroin Distribution Attorney - Heroin Possession and Drug Law in NJ
\t\t\t\tEsteemed Defense Lawyer Represents Clients Charged with Possession & Distribution of Heroin in Bergen County, Passaic County, Hudson County & Essex County, New Jersey
\t\t\t\tAs the drug epidemic continues to take lives in the thousands, ruins countless others, and increases the instances of other crimes such as robberies and burglaries, tolerance for heroin distribution, trafficking, and sales in New Jersey\u2019s justice system is non-existent. In a recent year, Fort Lee borough reported the fifth-most heroin and opioid overdoses in Bergen County. Within Bergen County, Passaic County, Hudson County, and Essex County, deaths by heroin overdoses are higher than ever. Based on records to date provided by the New Jersey Attorney General, estimates indicate that over 3,000 opiate-related deaths will occur by the end of 2018. Because of the heroin epidemic within these New Jersey communities, police and prosecutors have become more demanding about the penalties for those who distribute heroin they expect judges to impose in NJ drug crime cases.
As a national leader in the fight against illegal drugs, New Jersey\u2019s penalties for heroin distribution, or trafficking, are strict. But New Jersey heroin possession lawyer and his team of heroin possession attorneys provide an aggressive legal defense to his clients who have been charged with heroin distribution in Paramus, Fort Lee, Elmwood Park, Newark, or anywhere else in New Jersey.
\t\t\t\t\t\t\t\t![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2021/12/adam-pic7.jpg\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tCommitted to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
\t\t\t\t\t\t\t\tNew Jersey Heroin Distribution Law: N.J.S.A. 2C:35-2
\t\t\t\tTo stem the flow of heroin overdoses and the crimes associated with heroin use and possession, the New Jersey law is cracking down on heroin traffickers. Under N.J.S.A. 2C:35-2, possessing heroin for sale is a felony-level offense. If you\u2019ve been charged with the distribution and possession of heroin in New Jersey, you face a maximum penalty of 10-20 years incarceration for a crime of the first degree, 5-10 years in prison for second-degree heroin distribution, and 3-5 years in state prison for third-degree heroin distribution. Moreover, it is common for first and second-degree heroin trafficking convictions in New Jersey to be sentenced to mandatory minimum periods of incarceration.
There are additional penalties imposed against heroin distributors in New Jersey. The degree of the offense and the penalties attached to the crimes of sales, distribution, trafficking, and manufacturing heroin increase with the amount of heroin possessed:
\t\t\t\t\t\t\t\t- \n\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tFelony third-degree heroin distribution: Possession of heroin with intent to distribute less than half an ounce is punishable by 3-5 years incarceration in NJ state prison and a fine of up to $75,000.\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tFelony second-degree heroin distribution: Possession of heroin with intent to distribute more than half an ounce but less than 5 ounces of heroin is punishable by 5-10 years incarceration in NJ state prison and a fine of up to $150,000.\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tFelony first-degree heroin possession and distribution: Possession of heroin with intent to distribute five ounces or more is punishable by 10-20 years incarceration in NJ state prison and a fine of up to $500,000.\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t
Additionally, leaders of heroin trafficking networks in New Jersey face a mandatory minimum sentence of 25 years to life incarceration and a fine of up to $500,000.
If the defendant is charged with a heroin distribution charge with intent to deliver in a school zone, school bus, public park, or housing project, it is automatically a second-degree felony offense that carries a penalty of up to 10 years in NJ state prison and a fine of $150,000.
Also, heroin charges are the same for similar illegal opiates and synthetic drugs. Weights include adulterants (inferior materials or elements) used to cut the pure heroin.
For someone who is charged with distributing heroin, seeking the help of an experienced drug possession and distribution attorney is important. Having a skilled attorney may be able to help the defendant understand their rights and ensure that their freedom is protected. Rocco Law Offices has a team of skilled heroine possession attorneys who may be able to help.
Call us today at \"> to schedule a consultation.
\t\t\t\t\t\t\t\tDrug Attorneys Explain Severe Sentences for Heroin Distribution in NJ
\t\t\t\tA conviction for distribution of heroin in New Jersey can result in many years of imprisonment, lengthy probation or parole after a person is released from custody, enormous legal fines, restitution to law enforcement for the costs of investigation, court costs, mandatory drug treatment, registration as a drug offender with local law enforcement, and having your driver\u2019s license revoked. Multiple charges involving heroin trafficking and possession could lead to the defendant being sentenced to consecutive, multiple prison sentences, possibly adding up to a lifetime behind bars.
Beyond that, if a search warrant was executed and police seized your property\u2014homes, cars, money, and anything else you own\u2014you could lose your property permanently after a conviction for distribution and possession of heroin.\u00a0
It\u2019s common for police to charge a person with possession for sale even when the heroin possessed was only for personal use. If you are facing heroin possession charges in NJ, it is critical that you hire an aggressive New Jersey drug crime lawyer to handle your case. With skilled attorney negotiations, it may be possible to get heroin trafficking charges reduced to a possession charge and reduce the potential penalties. A skilled New Jersey drug possession and distribution attorney could even get your heroin distribution charges dismissed altogether.
\t\t\t\t\t\t\t\tWe have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
\t\t\t\t\t\t\t\tSecure the Services of an NJ Heroin Distribution Attorney with Over a Decade of Criminal Defense Experience in New Jersey
\t\t\t\tIf you were arrested for the distribution of heroin or possession with intent to deliver, many strategies may be available to defend you against the charges. As an experienced New Jersey heroin distribution lawyer who has successfully represented countless defendants charged with drug crimes involving possession and distribution of marijuana, cocaine, methamphetamine, and illegal prescription drugs, Fort Lee criminal defense attorney will build a strong legal defense to protect your constitutional rights.
For a free case evaluation, contact defense attorney today. He may be able to help you minimize or eliminate the negative impact that a conviction for the distribution and possession of heroin would have on your freedom and your future.
Call us today at \"> to speak with a top-rated defense lawyer.
\t\t\t\t\t\t\t\tRelated Practice Areas
\t\t\t\t- \n\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tSimple Possession of Marijuana\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tMarijuana Distribution\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tCocaine Possession\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tCocaine Distribution\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tHeroin Possession\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tOpioid Possession & Distribution\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tPrescription Drug Crimes\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t
- \n\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\tDrug Paraphernalia Possession\n\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t
Heroin Possession Lawyer in Hackensack, NJ
\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tSkilled Criminal Defense Attorney Helps Clients Fight Heroin Possession Charges in Bergen County, Passaic County, Hudson County, and Essex County, NJ\n\t\t\t\t\t
\n\n\t\t\t\t\tHeroin is one of the most addictive, destructive, and dangerous illegal drugs on the street. The 1970 Controlled Substances Act (CSA) legislation details penalties for heroin possession in the United States. Using or being under the influence of heroin is both a federal and state offense, and it is illegal in New Jersey and throughout the country. The law states that it is unlawful to be under the influence, or in possession of, controlled substances except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. Possession of even a small amount of heroin is charged as a third degree felony in New Jersey, with an incarceration penalty of up to five years. Moreover, with the heroin epidemic sweeping the country and hitting New Jersey hard, police and prosecutors are taking an even harder stance against heroin users and seeking longer jail and prison sentences and more stringent probation requirements.
Hackensack criminal defense attorney works hard to have his clients\u2019 heroin possession charges dismissed or get the clients sentenced to drug treatment and medical intervention rather than incarceration in New Jersey. Still, there is the reality that prosecutors often seek jail sentences because, as a Schedule 1 drug, heroin carries more risk than most other narcotics.\u00a0 That\u2019s why it is imperative that you contact immediately to start your defense.
\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tParamus Prosecutors Must Prove Beyond a Reasonable Doubt You Possessed Heroin Under N.J.S.A. 2C:35-10\n\t\t\t\t\t
\n\n\t\t\t\t\tTo be arrested for heroin possession, you must either physically have had it in your possession or have been under its detectable influence, as determined by NJ law enforcement. However, because the police are not medical professionals, their determination that you are under the influence of heroin may be challenged by a skilled criminal defense attorney. Also, experiencing withdrawal symptoms after a period of absence from the drug does not constitute a crime. In a 1987 case against a defendant for possession of heroin, it was established that withdrawal from heroin is a sign of past drug use and cannot be used to prove that a defendant is under the influence of heroin.
Heroin charges in New Jersey are taken very seriously, and penalties depend upon the amount you possessed.
The penalties possession of heroin in NJ are as follows:
- Possessing less than one-half an ounce of heroin is a third degree crime, punishable by up to five years in prison and up to a $35,000 fine, as well as a mandatory six-month loss of your driver\u2019s license after incarceration ends.
- Possessing less than five ounces but more than one-half an ounce of heroin is a second degree crime, punishable by 5-10 years in prison, up to a $75,000 fine, and a mandatory two-year loss of your driver\u2019s license after incarceration ends.
- Possessing five or more ounces of heroin is a first degree crime, punishable by 10-20 years in prison, up to a $500,000 fine, and driver\u2019s license suspension after incarcerations ends.
If the defendant is charged with possession of heroin near a school zone, school bus, public park, or housing project, it is automatically an additional second degree offense that carries up to 10 years in prison and a fine of $150,000.
\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tDefenses Against Heroin Possession Charges in Hackensack, New Jersey\n\t\t\t\t\t
\n\n\t\t\t\t\tAn experienced Paramus criminal defense attorney can present several legal defenses to either get your case dismissed or get the charges reduced. Of paramount importance is trying to avoid avoid any incarceration penalty. If conviction can\u2019t be avoided, a skilled NJ drug crime attorney may be able to negotiate a treatment sentence rather than jail.
For the prosecution to win their heroin possession case against you, they must prove the following:
Knowledge of possession: The prosecutor must prove that you knew you possessed heroin. If heroin accidentally came into your possession, this could be grounds for a \u201clack of knowledge\u201d defense.
Lack of power and intent to control: Even if you knew heroin was present, if you didn\u2019t intend to possess it and you had no control over the heroin or the situation where it was present, a skilled criminal defense lawyer could prove that your lack of control or power over the heroin did not constitute an illegal act. This may include a situation where you were unknowingly drugged by a third party.
Non-use of heroin: If the police believed you were under the influence of heroin but did not find you in possession of heroin and a blood test was never taken to confirm its presence, a competent criminal defense lawyer can argue that the police were wrong and that the heroin possession charges should be dismissed.\u00a0
Police misconduct: When conducting a heroin possession investigation, police must follow the constitutional laws regarding search and seizure. If the warrant was deficient or was based on false information in the affidavit, the search warrant may have been invalid. If any search and seizure laws were violated, your NJ criminal defense attorney may be able to get your charges dismissed based on police misconduct.
\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tA Strong, Strategic Defense May Keep You Out of Jail in Your Hackensack Heroin Possession Case\n\t\t\t\t\t
\n\n\t\t\t\t\tAttorney may be able to protect your rights and help you avoid jail time. In many cases, when the charges only involve possession but not distribution or trafficking, a defendant could be entitled to participate in drug diversion programs rather than be sentenced to jail.
If you qualify for a diversionary program in New Jersey, the justice system is designed to help you heal from your heroin use rather than incarcerate you. If you are eligible for an alternative program such as Drug Court, you will be required to perform community service, pay fines and restitution, and receive drug treatment and periodic evaluations. In a diversionary program, you will be strictly monitored and supervised by the state. If you do not meet the program\u2019s requirements, your case will be returned to the courts. Keep in mind that the diversionary program\u2019s purpose is to keep nonviolent drug offenders out of the already overcrowded jails and is not intended for drug traffickers.
\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\tContact NJ Criminal Defense Attorney Now to Fight Your Heroin Possession Charges in Hackensack, New Jersey\n\t\t\t\t\t
\n\n\t\t\t\t\tWhether this is a first-time heroin possession charge or a repeat offense, Hackensack criminal attorney can help you. With over a decade of experience representing those charged with drug crimes, including possession of heroin, possession of marijuana, possession of cocaine, and illegal possession of prescription drugs, attorney is a highly regarded criminal defense litigator known for his effectiveness in fighting allegations of drug possession. Call or email anytime, day or night, to schedule a personal evaluation of your NJ heroin possession case.
![\"\"](\"https://www.lustberglaw.com/wp-content/uploads/2021/12/adam-pic2.jpg\")
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t