Camden NJ Heroin Possession Lawyer
Drug Charges Defense Attorney in Collingswood, NJ
Heroin is among the most dangerous and addictive drugs being used today. In recent years, New Jersey has seen an increase in heroin use. The state has responded by taking heroin related cases very seriously and prosecuting them aggressively. Many times, the prosecutor in these cases will seek to impose severe penalties that can have a significant impact on your life. If you have been charged with heroin possession, you will need a talented and experienced criminal defense attorney to help you get the most desirable outcome in your case.
The attorneys at the Law Offices of Leonard Biddison have had tremendous success handling a huge volume of drug cases for years in Camden County including Pine Hill, Winslow, Gloucester, Cherry Hill, and Clementon. Also, one of the members of our criminal defense team is a former county prosecutor in New Jersey who used to prosecute drug charges for the State which means we know what kinds of arguments the prosecution might make. This sort of knowledge and expertise can be extremely valuable in your case. If you have been charged with heroin possession, having an attorney who knows what it takes to potentially beat the charges against you is imperative. Call the Law Offices of Leonard Biddison at 866-721-9510 anytime for a free initial consultation.
New Jersey Heroin Possession Statute: N.J.S.A. 2C:35-10(a)(1)
a. It is unlawful for any person, knowingly or purposely, to obtain or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1). Any person who violates this section of the criminal code with respect to:
(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, II, or IV other than those specifically covered in this section, is guilty of a crime of the Third Degree. A fine of up to $35,000.00 may be imposed;
(2) Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the Fourth Degree. A fine of up to $15,000.00 may be imposed.
b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person
Note: It is enough for a conviction under this subsection if the prosecution shows that the defendant was under the influence of SOME drug rather than a specific drug. This can be done by showing that the defendant exhibited symptoms caused by any controlled substance or controlled substance analog.
c. Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
Heroin Possession Penalties in New Jersey
As the statute explains, heroin possession is a third degree crime New Jersey. Penalties can include:
- 3 to 5 years in New Jersey State Prison
- Community Service
- 2 year license suspension
- Fines up to $35,000
Being under the influence of heroin an not turning over a controlled substance are disorderly persons offenses which means you can receive up to 6 months in county jail if convicted.
Note: Third degree offenses have a presumption of non-incarceration meaning if you do not have a prior record, you are more likely to receive probation or admittance into the Pre-Trial Intervention Program. Completion of this program will get the charges dropped against you and you will avoid having a criminal record.
Contact a Cherry Hill NJ Heroin Possession Lawyer for Answers
The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a heroin possession charge. Our criminal defense team understands the details of the law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 866-721-9510 for a free initial consultation about your case.