Heroin, which is also known as diacetylmorphine, morphine diacetate, or diamorphine, cannot be willfully possessed in New Jersey.  As a Schedule I Controlled Dangerous Substance that has no lawful use and is highly addictive, the law has made possession of any quantity of heroin a third degree crime. Whether your arrest was the result of a first time pick up of a few bags or something more involved, you will face the possibility of state prison and the situation only gets worse if you have been charged with possession with intent to distribute heroin. The situation escalates still further when the possession is on federal property or otherwise falls under the government’s jurisdiction and one-hundred (100) grams or more are involved as there is a mandatory minimum federal prison term of five (5) years applies.
If you were arrested in Newark or another town in Essex County and accused of possessing heroin, distributing prescription drugs, possessing Molly, possessing heroin with the intent to distribute, possessing cocaine or distributing marijuana an experienced defense attorney can prove invaluable. Our firm, the Law Offices of Marshall, Bonus, Proetta & Oliver is comprised of a team of former prosecutors who have been defending possession of heroin cases for decades. Our representation has included thousands facing possession of heroin charges, including cases arising in Newark, East Orange, South Orange, Millburn, Bloomfield and West Orange. Call us 24/7 for a free consultation.

Essex County NJ Heroin Possession Lawyers

All heroin charges are indictable in nature, which means that they are felony offenses. The court that hears cases like these is the Essex County Superior Court which is located in Newark NJ. The also happens to be where our Essex County Law Office is located. It probably would make senses that we would handle a considerable number of heroin cases every year in Newark. We defend a wide array of individuals ranging from major dealers and those heavily addicted, to suburban kids with no business being involved in these types of activities. A former prosecutor, perhaps even one formerly with the Essex County Prosecutor’s Office, from our firm can assist you in formulating a plan to allow you to avoid a record and/or the penalties you may be facing.

Penalties for Heroin Possession in NJ?

N.J.S.A. 2C:35-10 makes it a third degree crime to possess heroin for personal use. The statute also enhances the penalties that otherwise apply under N.J.S.A. 2C:43-3 when a Schedule I drug like heroin is involved. Instead of the standard third degree fine of $15,000, the court may impose up to $35,000 if someone is convicted of heroin possession. There is also a state prison of up to five (5) years that may be imposed, in addition to a mandatory driver’s license suspension ranging from six (6) month to two (2) years. There is also a mandatory drug enforcement and demand reduction penalty (“DEDR”) of $1,000 that must be imposed to third degree possession of heroin.

Heroin Possession Attorneys in Bloomfield NJ

As one of the largest criminal defense firms in the state with an office in Newark’s Gateway Center, you might imagine that we are well versed in heroin cases. And there certainly is little doubt that Essex County is a hotbed for heroin, ranking first in terms of new cases in 2013 by the New Jersey Department of Human Services, Division of Addiction Services. East Orange also made the top twenty (20). With statistics like these, we know what it takes to successfully challenge a bogus motor vehicle stop, over-reaching car search or any other issue that may arise. We are ready to thoroughly review the facts surrounding your arrest in Belleville, Cedar Grove, Montclair, Newark, Verona, or Nutley, and figure out your best options in defending the charge. If you would like to discuss the specifics of your case, free of charge, and learn how our defense lawyers can help you, call us at 973-710-1520.