Former Brick Prosecutor, Matthew Dorry, Is Ready To Defend You
As the third most populated municipality in Ocean County, Brick Township has more than its fair share of heroin charges filed every year. In fact, Brick ranked sixth in the entire state
during 2013 for heroin and/or opiate abuse cases at 550. That is an alarming number of individuals arrested for possessing, selling or distributing heroin in a relatively suburban town. Since our criminal daefense firm is probably the largest on the Jersey Shore, we handle many heroin possession and heroin distribution cases arising out of Brick. We know our way around both the Court system in Brick and at the Superior Court in Toms River
, as former prosecutors. Call our office 24/7 to speak to Mr. Dorry or another lawyer of our firm. Call us at 732-286-6500 for a free consultation.Charged With Possession of Heroin in Brick New Jersey
If you are facing a possession, as opposed to intent to distribute offense, the law that applies to your case is N.J.S.A. 2C:35-10
. This law makes it a third degree crime to actually or constructively possess heroin or a heroin analog in Brick or anywhere else in NJ. If you were arrested with heroin on your person, pocket, purse, wallet, etc., this is what is commonly referred to as “actual possession”. Sometimes, however, heroin isn’t directly tied to a person, for example, where it is found in a car, apartment or house, occupied by several individuals. When this is the case, all individuals who are aware of the existence of the heroin and possess an intention to exercise control over it at some point in time, are deemed to be in constructive possession. The end result is that a Brick possession charge can result in a conviction whether the drugs were found on you or not provided the prosecutor can prove his case. If convicted of third degree possession of heroin, an individual faces a presumptive state prison term of 3-5 years, a fine of $25,000 and a mandatory drivers license suspension of 6 months to 2 years. The good news is that our attorneys are able to avoid the vast majority of these penalties in most cases and this is even in the case of individuals who are ineligible for Pretrial Intervention.Intent to Distribute Heroin, Brick NJ
When someone is charged with distribution of heroin, the degree of the charge and related penalties are predicated on the weight/quantity of the heroin that is involved. It is a first degree crime to distribute 5 ounces or more of heroin. When the quantity is at least one-half ounce but less than 5 ounces, the offense is a second degree crime. Selling or possessing heroin with the intent to distribute it in an amount of less than one-half ounce is a third degree crime. The following penalties apply to each of these grades of heroin distribution.
- First Degree : 10-20 years in prison and a fine of up to $500,000.
- Second Degree : 5-10 years in prison and a fine of up to $150,000.
- Third Degree : 3-5 years in prison and a fine of up to $75,000.
If you are faced with an arrest for selling heroin, whether in Brick or another municipality in Ocean County, we know the individuals who will be handling the case against you and how to effectively represent you.Enhanced Consequences for Distributing in a School Zone or Public Park
If possession is with intent to distribute and within 1,000 feet of school property, a school zone charge can be filed under 2C:35-7. The crux of a school zone charge is that, in addition to an increased fine, it triggers a mandatory period of parole ineligibility. The so called minimum term must be set at between one-third to one-half of the sentence imposed; during this period the defendant is ineligible for parole. In contrast, distribution within 500 feet of a public park or housing project, results in a separate offense under 2C:35-5. This charge is commonly referred to as a “public park violation” and is always a second degree crime irrespective of the quantity heroin involved.Brick NJ Heroin Possession Lawyer
When you interest is to achieve the very best outcome in your heroin case, its experience that counts. Matthew Dorry
has served as a prosecutor in Brick so we obviously know our way around the court system in the municipality. We also employ former county prosecutors who have handled hundreds, if not thousands, of heroin possession and distribution cases. Let our attorneys put their 100 plus years of combined experience into action on your behalf. An attorney is available immediately in our Toms River Office
to discuss how we can go about assisting you.Additional Brick NJ Resources