Heroin Distribution Attorneys in Monmouth County NJ
Monmouth County as a whole has felt the affects of the heroin epidemic that has been sweeping through New Jersey over the last five years. It seems like every year the number of overdoses in New Jersey increases. As a result, law enforcement has been out in full force over the years in an effort to try and combat the problem. The number of heroin related arrests in Monmouth County continue to increase every year. The Monmouth County Prosecutor’s Office has been aggressively prosecuting everyone who has been arrested and charged with either distributing heroin, possessing heroin with the intent to distribute or manufacturing heroin. The penalties for distributing heroin can include up to life in prison. If you have been arrested and charged with distributing heroin, possessing cocaine with the intent to distribute, manufacturing marijuana or possessing heroin the Keith Oliver Criminal Law can help.
Looking to Speak to Lawyer in Freehold about Heroin Distribution Case
The Monmouth County criminal defense attorneys at Keith Oliver Criminal Law represent clients charged with distributing heroin in courts throughout Monmouth County. Including towns like Long Branch, Asbury Park, Ocean Township, Matawan, Aberdeen, Tinton Falls, Belmar and Red Bank. Our firm’s entire practice is dedicated to defending those charged with criminal offenses in towns throughout New Jersey, including Monmouth County. Throughout their careers, Mr. Oliver and Mr. Proetta have appeared countless times in the Monmouth County Superior Courthouse to defend clients charged with possessing heroin with the intent to distribute. If you would like to come into our office and have a one on one consultation with Mr. Oliver or on of the other Monmouth County criminal attorneys on staff then please contact us directly at (732)858-6959. These are extremely serious charges and should not be taken lightly. Now here is some key information on heroin charges in New Jersey.
What to Know About Possession of Heroin with the Intent to Distribute Charge NJ
When it comes to possession of heroin with the intent to distribute charges in New Jersey, the facts surrounding the incident will be crucial to the states case. Some of the key things that the prosecution will look to use to establish a possession with intent case include but not limited too:
- The way the heroin was packaged?
- How much heroin was recovered?
- How was the heroin packaged?
- Was Drug Paraphernalia like scales or glassines found?
What Determines the Degree of a Felony When it Comes to Heroin Distribution Charges in NJ?
A Defendant charged with manufacturing, distributing, dispensing or possessing with the intent to distribute heroin in New Jersey will be charged with either a first, second or third degree felony. What degree of an offense a Defendant is charged with will depend directly on the quantity of heroin possessed at the time of the arrest. Locations, such as a school zone or a public park will also dictate what degree of an offense a Defendant is charged with but they will be considered a separate offenses. For more information on those charges please click the link.
Pursuant to N.J.S.A. 2C:35-5:
- It shall be unlawful for any person knowingly or purposely to distribute heroin.
- It shall be unlawful for any person knowingly or purposely to possess or have under his control with intent to heroin
- It shall be unlawful for any person knowingly or purposely to manufacture heroin.
What are the penalties for Distributing Heroin in NJ?
First Degree Heroin Distribution Lawyer in Freehold NJ:
- The quantity must be more than five (5) ounces.
- If convicted, a Defendant faces:
- 10 to 20 years in a State Prison
- Up to a $200,000 fine
- Felony Criminal Record
- Two year loss of Driving Privileges
Second Degree Heroin Distribution Lawyers in Long Branch NJ:
- The quantity must be more than a ½ ounce but less than five (5) ounces
- If convicted, a Defendant faces:
- 5 to 10 years in a State Prison
- Up to a $150,000 fine
- Felony Criminal Record
- Two year loss of Driving Privileges
Third Degree Heroin Distribution Attorneys in Asbury Park:
- The quantity must be less than a ½ ounce
- If convicted, a Defendant faces:
- 3 to 5 years in a State Prison
- Up to a $35,000 fine
- Felony Criminal Record
- Two year loss of Driving Privileges
What is Brimage in NJ?
As you can tell the penalties if convicted of distributing heroin in New Jersey can be life changing. The potential exposure mentioned above does not even take into consideration Brimage. Brimage is formula developed in an effort to create uniformity for any Defendant convicted of distributing drugs in New Jersey, regardless where the offense occurred. The uniformity typically creates not only mandatory incarceration but mandatory parole ineligibility periods as well. Therefore, this makes an already bad situation much worse. For more information please contact us directly at (732)858-6959.
Heroin Distribution Charges are Always Considered Felony Offenses in NJ
All possession of CDS with the intent to distribute, distribution of CDS and manufacturing CDS cases, regardless of the drug in question, will be considered indictable offenses (felony). Since all of these types of cases are considered felony offenses, the cases need to be transferred from the local municipal court to the Monmouth County Superior Court for disposition. For more information on the steps in a criminal case in Monmouth County, please click the link.
Will I get Bail on a Heroin Distribution Charge in NJ?
The new bail guidelines which took affect in January of 2017 has forever changed the bail system in New Jersey. We have now shifted away from a purely monetary bail system to a “risk assessment” system. The system in place now in essence mirrors the bail system in the Federal system. More often than not now of days Defendants are being released pretrial. There release is not typically based on a monetary payment but on the conditions that the Defendants follow certain perimeters, including ankle monitoring, no victim contact and sometimes weekly check ins. However, the prosecution now has the ability to detain a Defendant without bail, pretrial. In order to do so a detention hearing must take place. During that hearing, it is the prosecutions burden to establish by clear and convincing that there are no reasonable means to protect the public and/or assure the Defendant’s appearance in court. These hearings can and always should be contested. To speak to one of our attorneys today about your options, then please contact us at 732-858-6959.
Looking to Speak to Asbury Park NJ Heroin Distribution Lawyer
These charges are extremely serious and carry life alter consequences. If you have been arrested and charged with a criminal offense like distributing heroin, possessing marijuana, manufacturing cocaine, possessing molly or any other drug offense in Monmouth County, it is imperative that you speak to an experienced criminal defense attorney immediately. If you would like to have a free initial consultation with one of our Monmouth County criminal defense attorneys then please contact us directly at (732)858-6959. We can go over the specifics of your case and we will give you our honest feedback on how we think we can be of assistance. We are available 24/7 to help assist in anyway possible and we serve all of Monmouth County, including Howell, Atlantic Highlands, Keyport, Union Beach, Keansburg, Long Branch, Ocean Township and Wall Township. So, if you have any questions whatsoever, please do not hesitate to ask.