Heroin Lawyer in Somerset County NJ
The heroin epidemic that has been sweeping through New Jersey over the last decade does not seem to be slowing up. It seems like each and every year the number of arrests for both possessing and distributing heroin are on the rise. Somerset County is no stranger to dealing with heroin related arrests. If you have been charged with the unlawful possession of heroin in Somerset County it is imperative that you speak to a criminal defense lawyer as soon as possible about your options. Anyone caught possessing heroin in New Jersey will be facing a third degree felony offense. So, if convicted, not only will an individual be saddled with a felony criminal drug conviction but they will also be facing up to five years in a prison. As you can tell these are serious charges and they should not be taken lightly. Somerset County is well known as a county that is tough on crime. If you have been arrested and charged with the possession of heroin, the distribution of marijuana, the possession of cocaine with the intent to distribute or the possession of marijuana, the attorneys at Keith Oliver Criminal Law can help. If you would like to come into our office for a free face to face consultation with one of our attorneys then please contact us at (908) 533-1064.
Need to Consult with an Attorney about Heroin Case in Flemington NJ
The Somerset County criminal defense lawyers at Keith Oliver Criminal Law are well aware of the stress that an individual and their loved ones deal with when they are charged with a criminal offense. As such, our office takes a tremendous amount of pride in treating each and every client like they are our only client. Whether you are charged with a speeding ticket or a homicide we give each and every case the attention that it deserves. If you would like to speak to Mr. Oliver who heads up our Somerset County practice about your options then please contact us at (908) 533-1064. Our office serves all of Somerset County, including towns like Readington, Somerville, Franklin, Montgomery, Watchung, North Plainfield, Clinton, Bridgewater and Branchburg. As always, our initial consultations are free of costs, so if you have any questions whatsoever please do not hesitate to contact us. Now here is some information on heroin possession charges in New Jersey.
What You Need to Know if Charged with Possession of Heroin in NJ
What are the Elements for a Heroin Possession Charge in NJ: NJSA 2C:35-10
All drug offense in New Jersey will be governed by NJSA 2C:35-10. The statute states in pertinent part that “it is unlawful for any person knowingly or purposely, to obtain or to possess, actually or constructively, a controlled dangerous substance”. A controlled dangerous substance (CDS) is fancy way of saying a “drug”. As you can tell it is rather self explanatory. To be convicted of this offense, the state must prove beyond a reasonable doubt the following two elements:
- That the “heroin” is in fact CDS; &
- The Defendant actually possessed or obtained the heroin;
- The Defendant acted knowingly or purposely in possessing or obtaining the heroin.
How to Challenge a Heroin Case in New Jersey
All drug charges, regardless if it is heroin, cocaine, marijuana, Molly, MDMA or LSD tend to always have some significant angles to try and exploit. Here at Keith Oliver Criminal Law, when it comes to drug offenses we look to exploit the following potential issues in order to achieve a favorable outcome for our clients:
- Was there Probable Cause for the Motor Vehicle Stop;
- Was there Probable Cause for the underlying Seizure;
- Was there a Miranda Violation;
- Where were the drugs found? Any Co-Defendants?
- Actual Possession?
- Constructive Possession?
- Joint Possession?
- Are the Lab Reports Valid?
- Any issues with the Chain of Custody?
These are just a few of the key areas that our attorneys will look too exploit in order to obtain a favorable resolution for our clients. Our attorneys are available immediately for a free consultation.
What are the Penalties for Heroin Possession Charges in NJ?
As stated previous, heroin possession charges are a third degree felony offense in New Jersey. So whether you are caught possessing a trace amount of heroin or up to a ½ ounce of heroin you will be charged with a third degree felony offense. With that being said, the closer to the ½ “range” the more likely a Defendant will be charged with the possession of heroin with the intent to distribute. That is obviously a more serious charge and for more information on how to defend a heroin distribution in New Jersey charge please click the link. Now here is the potential penalties that one faces if they are convicted of possessing heroin in New Jersey.
- 3 to 5 Years in Prison;
- $35,000 Fine;
- $1,000 Drug Enforcement and Demand Reduction Penalty (DEDR)
- $75 Safe Neighborhood Penalty;
- $50 Victims of Violent Crimes Penalty;
- $50 Lab Fee;
- $30 Law Enforcement Organization Penalty;
- Felony Criminal Record;
- 6 Month Loss of License;
- Court Ordered Rehabilitation;
- Community Service;
Can I Get Pretrial Intervention on a Heroin Charge in Somerville?
With that being said, New Jersey has created several different diversionary programs that a Defendant may be able to take advantage of. These programs include the Pretrial Intervention Program (PTI), the Conditional Discharge Program and Drug Court. Each one of these programs operate a little different but all three will help keep a Defendant out of jail and the PTI and Conditional Discharge Program will also help keep a Defendant without a criminal record. For more information on these programs please contact our office at (908) 533-1064.
Can the Court Order Rehab for a Heroin Case NJ?
If an individual pleads guilty too or is found guilty of a heroin possession charge, the Judge would have the ability, if they see fit, to require what is known as a TASC evaluation. The individual will also have to follow the recommendations of the evaluator. So, if the evaluator recommends some form of treatment, regardless of whether it be in-patient or out-patient, the individual would have to follow the recommendations. In short, the Judge typically will not impose treatment per se but will impose a TASC evaluation and require that the individual comply with the recommendations. This will be imposed as a condition of probation, therefore if the individual fails to comply, they could be violated from probation.
Speak to a Hunterdon County NJ Heroin Possession Defense Attorney
Being charged with a criminal offense can be terrifying. However, hiring the right attorney, one who not only knows how to defend the charges but who is also familiar with the court will go a long way to alleviating some of that fear. If you have been charged with the possession of heroin, the distribution of heroin, unlawful possession of a weapon, possession of drug paraphernalia, aggravated assault or eluding, the criminal defense attorneys can help. We serve all of Somerset County, including towns like Somerville, Bernards, Bedminster, North Plainfield, Watchung, Bound Brook, South Plainfield, South Bound Brook and Flemington. For a free consultation today, please contact us at (908) 533-1064.