New Jersey Heroin Charges Attorney
Heroin Drug Crime Lawyers in Haddon Heights Defends the Rights of Clients Under Drug Prosecution in Camden County, Cumberland County, Gloucester County, and Throughout South Jersey
Are you facing charges of heroin possession or distribution in New Jersey? Given the dangers of heroin abuse and addiction, the law treats heroin drug crimes seriously. A conviction can have a devastating effect on your future. But a New Jersey heroin charges attorney from Aydelotte & Scardella Law LLC can advocate for you and help you pursue a favorable resolution of your case. Our legal team will use their combined experience to provide you with high-quality legal representation dedicated to securing the best possible outcome for you.
If you have been arrested in possession of heroin, turn to our heroin drug crime lawyers in Haddon Heights, NJ, for help. Contact us for a free initial case evaluation to learn more about your legal options for facing heroin charges and to better understand what to expect in the criminal justice process. We can provide the advice and information you need to make informed decisions for your future.
What Are New Jersey’s Laws on Heroin Possession?
In New Jersey, it is illegal to possess heroin or any analog substances of heroin. If a person knowingly comes into possession of heroin or an analog, the law mandates immediately turning over the drugs to a law enforcement officer. New Jersey’s criminal law also prohibits the manufacture, transport, distribution, or possession of heroin with intent to distribute. A charge of possession may get upgraded to possession of heroin with intent to distribute based on the quantity of drugs found, whether drugs are found with evidence of a distribution operation, or whether the drugs are packaged for transport or sale.
Penalties for a Heroin Drug Crime Conviction
A charge of simple possession of heroin is a third-degree crime under New Jersey law. A conviction carries a maximum penalty of five years and a fine of $35,000. However, a conviction for manufacturing or distributing heroin or possessing heroin with intent to distribute has harsher penalties that increase with the quantity of heroin involved in an offense:
- Less than half an ounce: Up to five years in prison plus a possible fine of up to $75,000
- Half an ounce or more but less than five ounces: Up to 10 years’ imprisonment and a potential fine of up to $150,000
- Five or more ounces: 10 to 20 years plus a potential fine of up to $500,000
For distribution or PWID offenses occurring on or within 1,000 feet of a school or school bus, courts can impose a mandatory period of parole ineligibility lasting for one-third to one-half of the total prison sentence.
What Defenses May Be Available Against Heroin Charges?
If you’ve been arrested for possession of heroin, that does not necessarily mean that prosecutors have all the evidence they need to convict you. Depending on the circumstances of your case, you may have defenses you can raise to challenge the state’s evidence and charges to seek a reduction or dismissal of your charges. Possible defenses in a heroin possession or distribution case include:
- Arguing that police conducted an unlawful stop or unreasonably extended the duration of a stop
- Challenging the legality of a warrantless search of your person, containers, or vehicle
- Challenging the sufficiency of probable cause for a search warrant of your home, place of work, or vehicle
- Contesting the reliability of the evidence, especially if prosecutors did not have seized substances laboratory testing or if there may have been errors in testing, or if law enforcement and prosecutors failed to maintain the chain of custody of evidence
How Can a New Jersey Heroin Charges Attorney Help You Pursue a Favorable Resolution of Your Prosecution?
After you’ve been charged with a heroin drug crime, get the experienced legal representation you need to mitigate the consequences of your arrest. At Aydelotte & Scardella Law LLC, our heroin drug crime lawyers in Haddon Heights, NJ, can advocate for your rights and interests by:
- Investigating your charges to find evidence we can use to begin building a defense
- Taking the time to explain your charges and the possible outcomes of prosecution so you have the information and legal advice you need to begin making informed decisions
- Evaluating your legal options, including identifying potential defense strategies and determining the availability of alternative disposition of your charges, such as applying to recovery court
- Aggressively pursuing the best possible outcome for you, whether that means filing pre-trial motions to reduce and dismiss your charges or advocating on your behalf at trial if necessary
Contact Our Firm for a Free Case Review with our Heroin Drug Crime Lawyers in Haddon Heights, NJ, to Learn More About Your Legal Options
You deserve legal representation as soon as possible after you’ve been arrested and charged with heroin crimes. Contact Aydelotte & Scardella Law LLC today for a free, confidential consultation to talk to a New Jersey heroin charges attorney about your case and to learn more about how our firm will defend your rights and freedom to help you pursue a fair and favorable resolution of your charges.
Frequently Asked Questions About Heroin Charges in New Jersey
New Jersey and federal controlled substances laws classify heroin as a Schedule I drug. Schedule I drugs include substances that have no currently accepted medical use or are unsafe to use in treatment under medical supervision and have a substantial risk of abuse and addiction. Schedule I drugs are the most dangerous controlled substances due to the harm they cause, so possessing them is one of the most serious crimes that carries severe penalties for a conviction.
Multiple circumstances can increase the grading of a heroin possession charge or lead to additional charges on top of possession. For example, possessing a firearm while possessing heroin may lead to additional charges. Prosecutors may increase the grading of a possession offense that occurs at or near a school or in a public building, public park, or housing project. Finally, the grade of a heroin charge or the potential penalties for a conviction will depend on the quantity of heroin found in the defendant’s possession.