Bergen County Possession of Heroin Lawyers
The governing statute in New Jersey for Possession of heroin is N.J.S.A. 2C:35-10A(1). If you or a loved one has been charged with possession of heroin, and/or possession of marijuana, possession of heroin with the intent to distribute, possession of cocaine or cocaine distribution you are facing serious penalties. Such penalties could consist of a loss of license, incarceration, community service, high fines and a criminal record. The severity of the charges and the potential exposure which you or your loved one may be subjected too will
depend on what the Bergen County Prosecutor’s office actually charges you or your loved one with. Often times what started out as a simple possession matter turns into a distribution or intent to distribute case based on factors such as the quantity in which you possessed, the location where you arrested and the way in which the heroin was packaged. The Law Offices of Jonathan F. Marshall has:
- Over two-hundred (200) years of combined experience
- A team of ten (10) criminal defense attorneys that devote their entire practice to criminal law
- Our firm has seven (7) former prosecutors
- Three (3) of our attorneys were former assistant county prosecutors and held directorial positions of the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, Juvenile Division
- Three (3) of our attorneys were former municipal prosecutors in over twenty-five (25) towns
- One (1) of our attorneys is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in this State
- One (1) of our lawyers was recently selected to Super Lawyers Rising Stars 2020 list for New Jersey which is a highly credentialed, peer-influenced, third-party validated, and a patented process that selects only 2.5% of the attorneys in New Jersey to this list
- Selected to the National Trial Lawyers Top 100 and Top 40 Under 40
At the Law Offices of Jonathan F. Marshall we’ve successfully handled possession of heroin matters throughout Bergen County in towns like Fort Lee, Elmwood Park, Rochelle Park, Edgewater, Garfield, Lodi and East Rutherford for over fifteen (15) years. If you or a loved one has been charged with possession of heroin or possession of heroin with the intent to distribute in Bergen County please contact any one of our Bergen County Offices in Hackensack, Paramus or Fort Lee for a free initial consultation at 201-429-9783. Our firm is available 24/7.
The law in New Jersey, which is codified as N.J.S.A. 2C:10*a)(1), states in pertinent part that:
- 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…
- 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…
Elements of the Offense: Heroin Possession N.J.S.A. 2C:35-10
- In order to be convicted of unlawful possession of heroin, the Bergen County Prosecutor’s Office must prove that:
- The Defendant either knowingly or purposely possessed the heroin in question.
- As you can see from the statute, the “possession” required can be either actual or constructive.
- Constructive possession can be established by proving that the defendant knew the actual nature of the item in question, that they had a purpose to exercise control over that item and that they had the power to actually possess that item. Constructive possession can be very subjective and as a result gives experienced defenses attorneys a viable argument to make on your behalf.
- As you can see from the statute, the “possession” required can be either actual or constructive.
Potential Penalties:
The unlawful possession of heroin is a third (3rd) degree crime in New Jersey. If convicted, you or your loved one can face:
- Up to five (5) years in a New Jersey State Prison
- Community service,
- Up to a two (2) year loss of license,
- and a fine of up to $15,000.
Depending on the facts of your case and your criminal history you may be eligible for a diversionary program. The legislatures have carved out two applicable diversionary programs for possession of heroin charges: Pre-Trial Intervention (PTI) and Drug Court. If you or your attorney can convince the prosecutor and the Judge that you are a good candidate for either program you will be sentenced to a probationary term in lieu of any and all incarceration. Even better, if you are admitted into the Pre-Trial Intervention Program (PTI) and you successfully complete the program without any issues, the pending charges will be dismissed. Also, six (6) months after you or your loved ones case is dismissed, you’ll be eligible to expunge (erase) the arrest and charge(s) from your record.
Hackensack Heroin Possession Defense Attorney
As stated above, the Law Offices of Jonathan F. Marshall has over 200 years of combined experience on staff, including over twenty combined years of prosecuting experience. We have been handling unlawful possession of heroin and possession with intent cases in towns like Hackensack, Teaneck, Bogota, Tenafly, Cliffside Park, Paramus, Fort Lee and Ramsey for years. As you can see the applicable penalties for a conviction of possession of heroin or any other drug for that matter, can have lifelong consequences. Do not leave your liberty up to chance. If you or someone you know has been arrested and charged with any drug offense in Bergen County please contact any one of our Bergen County Offices for a free initial consultation at 201-429-9783.