Defendant Arrested Twice in 26hrs for Heroin Possession

The Trentonian has reported that the Trenton police officer have arrested and charged an eighteen year old twice within a twenty-six hour period for possessing heroin. The first arrested occurred when detectives from the Street Crime Units observed the motor vehicle in which the Defendant was a passenger in commit a motor vehicle infraction near Market Street. Based on the smell of marijuana emanating from inside the vehicle, a search was conducted which revealed that the Defendant was in possession of four grams of marijuana, 65 glassines of heroin and over $300 in cash. The Defendant was placed under arrest, taken down to the station and released upon a summons to appear in court for his central judicial processing hearing that evening. The very next evening the Defendant was again a passenger in a motor vehicle that was stopped for an alleged motor vehicle infraction near South Broad and Liberty Street in Trenton. Just like in the first case, the officers conducted a motor vehicle stop based on the “smell of marijuana” and again it was discovered that the Defendant was in possession of 15 glassines of heroin. In addition to the possession of heroin charge the Defendant was also placed charged with obstruction of the administration of justice. It is unclear at this point in time whether or not any marijuana was actually located during the Defendant’s second arrest. If no marijuana was found it could open the door to a potential unlawful search. For more information on what satisfies as probable cause to conduct a warrantless search in New Jersey, please click the link.

What is the Bail for a Heroin Possession Charge in NJ?

Do to New Jersey’s change in their bail system, the Defendant was most likely released on his own recognize as well for the second charge. With that being said, if that does not occur, the Defendant will be scheduled for a Detention Hearing, whereby the prosecution will be seeking to convince a Judge that the Defendant must remain detained without bail. If the Defendant is released, he then must appear at his central judicial processing hearing, also known as CJP for his initial appearance. Once that hearing is conducted the Defendant will be scheduled for his Pre-Indictment Conference, also known as PIC. During this hearing the prosecution might seek to offer the Defendant a favorable plea deal in order to resolve the case prior to presenting the case to a Grand Jury. If the parties are unable to resolve the case at PIC the matter will be marked for the Grand Jury and will be litigated through traditional court proceedings.

What is the Sentence for Possession of Heroin in Trenton?

Heroin possession is a third degree indictable offense in New Jersey. If convicted a Defendant would be facing anywhere from three to five years in a state penitentiary, a fine up to $35,000, court mandated drug treatment, community service as well as a two year loss of license. Depending on a Defendant’s prior criminal history they could be eligible for either the Pretrial Intervention Program or Drug Court. Both of these program could help a Defendant avoid jail time and even a criminal record if they receive Pretrial Intervention. For more information on these programs and the potential penalties, please click the links.

Need a Lawyer for a Heron Charge in Mercer County?

If you are facing a heroin possession charge or any other drug charge for that matter we strongly urge that you contact an experienced criminal defense attorney as soon as possible. Understanding your rights and options is absolutely crucial when it comes to mounting a successful defense. If you would like to speak to one of our Mercer County drug possession defense attorneys today, please contact our Hamilton office at 609-789-0779. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us.

Author: Keith G. Oliver

Founding partner Keith G. Oliver has a passion for helping people who are caught up in the criminal justice system. He believes that everyone has a right to be presumed innocent, and that one mistake shouldn’t define a person forever. This passion drives Mr. Oliver to tirelessly fight for his clients and pursue the best possible outcome in every case.