What are the Penalties for Heroin Charge in NJ?

Facing a Heroin Charge in Monmouth County?

Have you or a loved one been charged with a heroin related offense in Monmouth County? If so, you are not alone. Unfortunately, heroin related offenses, whether it be the simple possession of heroin, the possession of heroin with the intent to distribute or driving under the influence of heroin are some of the most common charges issued in Monmouth County. It is no secret by now that New Jersey as whole has been battling what has been referred to as an epidemic. Heroin is an extremely powerful drug and it can have an absolute devastating impact on not only the individual addicted but their family and friends as well.

Looking to Speak to a Local Manalapan NJ Heroin Possession Lawyer

As you will see below, heroin possession is a third degree indictable offense, which is New Jersey’s version of a felony. If you have been charged with a heroin related offense in Monmouth County, the Keith Oliver Criminal Law can help. Our attorneys are well aware of what a conviction for the possession of heroin let alone the distribution of heroin can to do someone’s life. If you would like to speak to one of our lawyers about your options, then please contact our Freehold office at 732.858.6959. One of our lawyers would be glad to go over the specifics of your case and formulate a game plan that works best to suit your needs. We serve all of Monmouth County, including Freehold, Middletown, Ocean Township, Wall Township, Asbury Park, Belmar, Atlantic Highland, Hazlet, Tinton Falls, Eatontown and Howell.

Here is what a former client had to say about our services:

A Champion For A Struggling Addict

Keith was outstanding in every manner especially with communication on what was going on in a complicated VOP case for me while I was out of state seeking treatment. Keith is a champion for the addict looking to get help instead of incarceration. If your looking for an expert to help you navigate the court room in a drug or alcohol case, whether it is your first or fourteenth time Keith is your guy. He genuinely cares about your recovery and was able to get me an arrangement that both satisfied the courts and made sense for my ongoing sobriety. I honestly could not have been happier with his services.

Heroin Possession Charges are Considered Felony Offenses in New Jersey

Yes. All heroin possession charges will be governed under NJSA 2C:35-10a(1). Heroin possession is considered a third degree indictable offense, regardless of the quantity of heroin, including trace amounts. With that being said, if the quantity is significant enough, the Defendant could be charged with the possession of heroin with the intent to distribute. If that is to occur, the quantity of the drug will dictate what degree of a felony a Defendant is charged with.

Why Do I Have to Go to Freehold for a Heroin Charge?

Since all heroin possession charges are considered a felony offense, they must be transferred to the Monmouth County Superior Court in Freehold Township for disposition. Anyone charged with the possession of heroin in Monmouth County will receive a Central Judicial Processing (CJP) date. This is considered the Defendant’s initial appearance, after this hearing the Defendant will most likely be given a Pre-Indictment Conference (PIC)date. During this hearing, the prosecution will most likely make their initial plea offer. Depending on the facts surrounding the charges, at this hearing defense counsel could seek to convince the prosecution that the charges should be downgraded to disorderly persons offenses (misdemeanor) and remanded back to the local municipal court.

Can I Expunge a Heroin Charge in New Jersey?

Yes, depending on a Defendants prior criminal history and the resolution of the charges, heroin possession charges can be expunged. For more information on expunging a heroin conviction in New Jersey, please click the link.

How Much Jail Time For a Heroin Case in NJ

If convicted of a third degree heroin possession charge, a Defendant would be subject to the following penalties:

  • 5 Years in Prison
  • $35,000 Fine
  • $1,000 DEDR Fe
  • $50 Lab Fee
  • $30 LEO Fee
  • $50 VVCA Fee
  • $75 SNS Fee
  • 6 Month to 24 Month Loss of Driving Privileges
  • Probation
  • Random Urine Monitoring
  • Community Service
  • Court Ordered Rehab

Consult with a Hazlet NJ Heroin Possession Defense Attorney Today

Keith Oliver Criminal Law is a Monmouth County based criminal defense firm that has been defending those accused of possessing heroin in towns throughout the County including Ocean Township, Manasquan, Neptune, Colts Neck, Red Bank, Keyport, Union Beach, Tinton Falls and Aberdeen. This is a very serious offense and should not be taken lightly. As you can see from reading above, if convicted, the penalties can be crippling. To speak to one of our Monmouth County heroin possession attorneys today, please contact our Middletown office at 732.858.6959. As always, our initial consultations are free of charges.

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.