Morris County Heroin Possession and Distribution Lawyer
Drug Crime Defense Attorneys with Offices in Morristown, New Jersey
Narcotics crimes involving heroin can have severe and far-reaching consequences for a person convicted of these charges. Prosecutors all over New Jersey actively prosecute heroin offenses to the full extent of the law. Due to this fact, it is critical to mount a compelling defense against heroin charges with the help of an experienced heroin defense lawyer.
The attorneys at the Tormey Law Firm have extensive experience representing clients charged with drug-related crimes, including heroin possession, illegal possession of prescription drugs, and possession of drug paraphernalia in Mount Olive, Parsippany, Madison, Morristown, Roxbury, and throughout Morris County. In fact, Mr. Tormey was named of one of the 10 best criminal lawyers in NJ by the American Jurist Institute and has a perfect 10.0 rating on Avvo.com (an attorney rating service) with more than 75 reviews from his clients.
If you or a loved one has been charged with heroin possession or distribution in Morris County, contact the Tormey Law Firm at (908) 336-5008 for a free consultation, or you can use the online contact form to schedule an appointment at our Morristown offices.
Possession of Heroin in New Jersey: N.J.S.A. 2C:35-10
Heroin possession in New Jersey is governed by N.J.S.A. 2C:35-10(a)(1), which provides, in pertinent part:
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 (C.24:21-1 et seq.). 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.2C:43-3, a fine of up to $35,000.00 may be imposed;
A third degree crime is an indictable (felony) level offense that will be prosecuted at the Superior Court in the county in which the alleged offense was committed. A third degree crime is punishable by three (3) to five (5) years in state prison. If you have no prior history and are charged with third degree heroin possession, you may be eligible for the Pre-Trial Intervention (PTI) program.
Depending on the amount of heroin in your possession, your case could be downgraded back to Municipal Court as a disorderly persons offense (misdemeanor) for failure to turn over CDS to a police officer. This is usually the case when a defendant is caught with just a few baggies of heroin (wax folds).
If you have a large amount of heroin in your possession, you could be charged with possession or distribution. The police will look at the facts of your case to see if there are any other indications of distribution besides the amount of the drugs including:
- Witnesses a drug transaction
- Large amounts of cash
- Multiple cell phones
- Drug ledgers
New Jersey Heroin Distribution Charges: N.J.S.A. 2C:35-5
Distribution of heroin offenses in New Jersey are governed by N.J.S.A. 2C:35-5. The charge is graded based on the amount of drugs allegedly in your possession:
- First degree distribution – Possession of five (5) ounces or more of heroin with intent to distribute. This is punishable by 10 to 20 years in New Jersey State Prison, and there is a presumption of incarceration
- Second degree distribution – Possession of more than one-half ounce but less than five (5) ounces of heroin with intent to distribute. This is punishable by five (5) to 10 years in NJ State Prison, and there is a presumption of incarceration.
- Third degree distribution – Possession of less than one-half ounce of heroin with intent to distribute. This is punishable by three (3) to five (5) years in NJ State Prison, and there is a presumption of non-incarceration if the defendant has no prior criminal history
Contact a Dover Heroin Charges Lawyer for a Free Consultation
If you or a loved one has been charged with heroin possession, heroin distribution, or another heroin-related crime in Morris County, contact the Tormey Law Firm today at (908) 336-5008 for a cost-free consultation with a highly skilled Morris County heroin defense lawyer. From our offices in Morristown, we regularly represent clients in Dover, Denville, Washington Township, Chatham, Mendham, and throughout the area and we can help protect your innocence. Simply call today to learn more.