East Windsor NJ Heroin Possession Lawyer
With Offices in Trenton and Pennington
A heroin charge does not make you a bad person. A lot of people who undergo surgery become addicted to painkillers, which in turn leads to heroin abuse. People with heroin addictions often need help. Unfortunately, the New Jersey legal system tends to prioritize punishment and incarceration over treatment. Worse yet, NJ prosecutors typically treat heroin cases differently than they treat other drug charges because heroin is considered extremely dangerous. That’s why it is crucial for you to have an attorney on your side.
Kamensky Cohen & Riechelson is a law firm with a tradition of excellence in New Jersey and Pennsylvania. Our criminal defense lawyers represent clients facing drug charges in Mercer County, including Hightstown, Robbinsville, and Hopewell Township. Among our skilled litigators are a New Jersey Certified Trial Attorney and a New Jersey “Super Lawyer,” so you know that you will be in good hands when we represent you. Call KCR today to discuss your heroin possession charges with a member of our litigation team.
New Jersey Heroin Possession Law
Heroin possession is governed by N.J.S.A. 2C:35-10. The law prohibits a person from possessing any amount of heroin. This means that you will face felony charges even if you are found with trace amounts of the drug.
Keep in mind that you can be charged with heroin possession even if the heroin was not actually on your person. The law treats constructive possession the same as it treats actual possession. Constructive possession means that the heroin was near you and you had the intention and ability to exercise control over it. When attempting to prove that you were aware that the heroin was nearby, the prosecutor may highlight any previous drug arrests on your record.
Penalties for Heroin Possession in Mercer County
Heroin possession is classified as a third degree felony. This means that an offender is subject to a term of incarceration of 3–5 years in New Jersey State Prison and a fine of $35,000. If you have prior convictions for heroin possession on your record, you are more likely to receive a sentence of 5 years in prison. That’s because NJ prosecutors are not inclined to make deals with habitual drug offenders.
Additionally, the penalties for heroin possession are enhanced if you were caught with the drug in a protected area such as a school zone. One of the additional penalties that you may be subject to is 100 hours of community service.
Alternative Sentencing: PTI for Heroin Possession in New Jersey
A first-time offender might be eligible for admission into the Pre-Trial Intervention (PTI) program. PTI is a diversionary program that allows heroin offenders to go on probation and undergo treatment instead of being sentenced to prison.
Related Charge: Drug Paraphernalia Possession
Heroin possession charges are often accompanied by drug paraphernalia charges because heroin is usually injected with hypodermic needles. Moreover, heroin is typically packaged in glassine envelopes or bags; these envelopes are also considered “drug paraphernalia.”
Related Charge: Possession with Intent to Distribute Heroin
If you are found in possession of a quantity of heroin that suggests it is not for your personal use, you may be charged with possession with intent to distribute. Since the law treats intent to distribute the same way it treats distribution, you will be subject to very serious penalties.
Prosecutors will also consider the presence of drug paraphernalia when determining whether to elevate your charge from possession to distribution. For example, if you had a scale near the heroin, the prosecution might have reason to believe that you intended to weigh the heroin so that you could sell it at a later time.
Speak with Ewing Heroin Possession Attorneys
The attorneys at Kamensky Cohen & Riechelson are prepared to examine the facts in your heroin possession case and fight for your legal rights. Call us today to discuss your charges, or fill out the online contact form to schedule a free consultation at our offices in Trenton or Pennington.