Heroin use and addiction has experienced a sharp uptick during the past decade, both in the urban and suburban communities. Teens and adults alike develop these addictions through their constant chase of that “stronger high”. Unfortunately, these addictions become both personally, and legally detrimental as law enforcement officers across New Jersey have increased their efforts to prevent and prosecute heroin use. Under the New Jersey Criminal Code, possessing any amount, no matter how small, of heroin is at a minimum a third degree crime. The penalties for a third degree heroin possession charge include up to five (5) years in prison and a $15,000 fine. The team of heroin possession defense lawyers at the Law Office of Jonathan F. Marshall understand what a felony conviction for heroin can do to one’s life. Our office has over 100 years of combined experience on staff. We have been successfully representing Defendant’s charged with heroin distribution, cocaine distribution, possession of marijuana with the intent to distribute, possession of Molly, possession of Xanax and possession of cocaine in towns like Roxbury, Parsippany Troy Hills, Dover, Denville, Montville, Madison, Pequannock, Mendham and Morristown for over a decade. If you would like to set up a free initial consultation with any one of our eight Morris County NJ heroin possession lawyers, please contact our Morristown office directly at 973-309-7050.
Parsippany Heroin Possession Attorneys: N.J.S.A. 2C:35-5
What is “Possession” Under New Jersey Law?
There are three types of possession: Actual, Constructive, and Joint Possession.
Constructive possession is determined by the court based upon the person’s conduct in relation to the heroin. Essentially, a person constructively possesses a drug when they are able to exercise current and almost immediate control by direct or indirect means in a manner that would affect the item during the time in question. This situation most often comes up in cases involving drugs in an automobile.
Joint possession is the least common of the three forms of possession. Under this approach, a defendant is under joint possession of heroin if, based upon the circumstances surrounding the situation he or she appears in control of the heroin. The court is afforded certain factors to make this determination.
Will I go to Jail if I am Convicted of Possession of Heroin in NJ?
This depends on your criminal record, whether you have a drug dependency and the amount of heroin involved in the incident in question. As mentioned above, the minimum you charges you face for heroin possession is a third degree crime. As a third degree crime, a conviction carries between three (3) and five (5) years in prison, up to a $15,000 fine, community service, participation in a drug diversion program, and possible participation in a supervised release program. As a third degree crime there is a presumption against incarceration for first offenders, however, that presumption can be overcome if the facts allow for it. In addition, there are alternatives to prison such as Pre-Trial Intervention and Drug Court. These alternative forms of adjudication are not available in every defendant’s case and will only be afforded under certain circumstances. For assistance with your criminal matter, contact The Law Offices of Jonathan F. Marshall and speak with a trial attorney today.
Roxbury NJ Heroin Possession Attorneys
The Law Office of Jonathan F. Marshall has eight heroin possession defense lawyers on staff, making our office one of the largest criminal defense firms in the State, let alone Morris County. As you can tell from above, a conviction for the unlawful possession of heroin can drastically change one’s life. If you or someone you know has been charged with possession of heroin, possession of marijuana or possession of heroin with the intent to distribute, it is imperative that you speak to an experienced Morris County drug possession defense firm immediately. If you would like to set up a free initial consultation with any one of our experience Morristown NJ heroin possession lawyers please contact us directly at 973-309-7050.