Possession of Heroin

Toms River NJ Possession of Heroin Defense Lawyers

Toms River NJ Possession of Heroin Defense LawyersAn individual who is found with heroin in his or her possession can be subject to severe consequences as indicated by New Jersey law. Typically, a possession of heroin charge is classified as a third-degree indictable felony, which may result in a term of incarceration ranging from 3 to 5 years in New Jersey State Prison, in addition to a maximum fine of $35,000 and a felony conviction on the individual’s criminal record. Considering the serious repercussions associated with an accusation of this kind, it is critical to enlist an experienced defense attorney who can advocate on your behalf and help you to navigate the complex legal system.

Although heroin possession is addressed in N.J.S.A. 2C:35-10, there are a number of additional offenses for which a person can be charged under this statute. For example, those accused of being under the influence of heroin as well as those who allegedly failed to turn over heroin to law enforcement can be charged with a disorderly persons offense in violation of the aforementioned statute. A disorderly persons offense will be adjudicated at the municipal court, as opposed to the Superior Court, which handles cases like the third-degree felony mentioned above. With slightly less severe penalties, disorderly persons offenses are punishable by a sentence to serve 6 months in the county jail, as well as a fine of up to $1,000.

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Fortunately, the attorneys at Chamlin, Uliano & Walsh have accumulated a wealth of experience defending clients accused of possession and use of heroin in New Jersey. As a result, they can often facilitate their clients’ enrollment in diversionary programs such as Conditional Discharge in Municipal Court cases and the Pretrial Intervention Program in Superior Court cases, depending on the circumstances of the specific case. Ultimately, successful completion of one of these programs will result in the dismissal of the charges.

Combining knowledge, experience, and compassion for their clients, Chamlin, Uliano & Walsh is a law firm dedicated to every citizen’s right to a vigorous defense. Contact them today at 732-440-3950 or toll-free at 888-328-9131 to discuss your case.

Possession of Heroin in New Jersey: N.J.S.A. 2C:35-10(a)(1)

Under New Jersey Law, controlled dangerous substances are classified according to a system that separates these substances into a series of schedules, numbered from I (one) to V (five). Heroin is classified as a Schedule I drug, which means that it is determined to have a high potential for abuse and either has no accepted medical use in treatment or lacks accepted safety for use in treatment under medical supervision.

According to N.J.S.A. 2C:35-10(a),

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. A fine of up to $35,000.00 may be imposed;

b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician, is a disorderly person.

NOTE: In prosecution under this subsection, it shall not be necessary for the State to prove that the accused did use or was under the influence of any specific drug, but it shall be sufficient for a conviction under this subsection for the State to prove that the accused did use or was under the influence of some controlled dangerous substance, counterfeit controlled dangerous substance, or controlled substance analog, by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any controlled dangerous substance or controlled substance analog.

c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute

Penalties for Possession of Heroin in New Jersey

Possession of Heroin as a Third Degree Crime: term of incarceration ranging from 3 to 5 years in New Jersey State Prison and a fine of up to $35,000

Possession of Heroin as a Disorderly Persons Offense: maximum sentence of 6 months to be served in the county jail and a fine of up to $1,000

Contact Asbury Park NJ Heroin Possession Lawyers for Assistance

For additional information as to how this Monmouth County possession of heroin defense attorneys can assist you or someone you love in combating the State’s case and delivering the best chance of success, contact the West Long Branch, New Jersey office of Chamlin, Uliano & Walsh at 732-440-3950 or  888-328-9131.