Heroin Possession & Distribution

Toms River Heroin Defense Lawyer

Heroin is one of the most highly addictive drugs on the market, and is extremely dangerous both to use and to sell. Your involvement with heroin can result in severe repercussions, and a conviction of heroin possession and/or distribution in Ocean County carries with it harsh penalties that can last a lifetime. Possible consequences for heroin offenses, which are always felony offenses that must be handled at the Superior Court in Toms River, include between $35,000 and $500,000 in fines, 5 to 20 years in prison, suspension or revocation of a driver’s license, mandatory drug counseling, and mandatory registration as a drug offender. And do not be mistaken in believing that county prosecutors do not take these matters seriously just because the problem is so widespread. There is a major push to eradicate the use and distribution of this controlled dangerous substance give the severity of the issue in the region; despite being suburban towns, Brick, Toms River, Lacey, Jackson, and South Toms River were all ranked within the 20 worst towns for heroin abuse in the state. If you were arrested for distributing or even using heroin, it is therefore extremely important to contact an attorney with knowledge of New Jersey’s drug laws to represent you and protect your legal rights.

The attorneys at Marshall Bonus Proetta & Oliver are former prosecutors in Ocean County who have handled hundreds and possibly thousands of heroin offense cases. As a team with over 100 years of combined experience, we know not only how a heroin charge can effect you life but also the most effective ways to navigate the court system to avoid a conviction and life altering consequences. Please call our lawyers for a free initial consultation to discuss the options available for defending your intent to distribute or other variety of heroin charge. Lawyers can be reached in our Toms River Office at (732) 286-6500 and will answer your questions free of charge.

Possession with Intent to Distribute Heroin

N.J.S.A. 2C:35-10 makes possession of heroin a third degree crime, a felony, that can result in a $35,000 fine and up to five (5) years in prison. The consequences of a conviction for possessing this drug are enhanced significantly if you possess heroin with intent to distribute. An entirely separate law applies to these activities, namely N.J.S.A. 2C:35-5, and it applies whenever a person knowingly possesses heroin with an intent to disperse or distribute the substance. Intent to distribute heroin carries the following penalties:

  • It is a crime of the first degree if a person possesses 5 or more ounces of heroin, including any adulterants or dilutants. This offense may result in 10-20 years imprisonment, and a fine of $500,000.

  • It is a crime of the second degree if a person possesses a quantity of less than 5 ounces but more than ½ an ounce of heroin, and could face 5-10 years imprisonment.

  • It is a crime of the third degree if a person possesses a quantity of less than ½ an ounce of heroin. This crime results in a fine of $75,000 and possible imprisonment for 5 years.

Constructive Possession of Heroin. It is possible to be convicted of possession of heroin even if you never had actual physical control over the substance. If you have knowledge that the drug is present and it is proven that you had an intent to exercise physical control over it, then you may be liable for the offense.

Distribution of Heroin

Heroin has become an industry of enormous proportions that has spread across the entire nation and is it now available almost everywhere in the state as evidenced by the severity of the addiction problem in Ocean County towns like Jackson, Toms River, Brick, Lacey and South Toms River. Manufacturing and distributing the drug has become a large part of this billion-dollar industry. For those who choose to engage in selling heroin, this conduct is risky as there are extreme ramifications if you are caught and convicted of distribution of heroin under 2C:35-10. You face the following if you are found guilty:

  • First Degree Crime. It is a first degree crime to manufacture, distribute, or dispense a quantity of 5 ounces or more of heroin or its derivative including any adulterants or dilutants. This violation of the law carries a fine of up to $500,000, 20 years in prison with a significant portion thereof which carries a mandatory minimum sentence (i.e. period of parole ineligibility);

  • Second Degree Crime. A crime of the second degree arises whenever someone is convicted for distributing/selling a quantity of at least a ½ ounce but less than 5 ounces, of heroin. The jail term is as high as 10 years for this grade of offense and a conviction also carries a potential $150,000.

  • Third Degree Crime. An individual is exposed to a third degree crime if they distribute or sell less than ½ ounce of heroin. The fine upon conviction for this charge is up to $75,000 and the prison term can reach 5 years.

Under N.J.S.A 2C:35-5(c), the quantity of heroin determined for the degree of your conviction may be combined from multiple distributions of the substance to several persons or from a dispersal of the substance several times to the same person. The court will aggregate the quantity only if each individual act of manufacturing, distributing, or dispensing the heroin was committed within the applicable statute of limitations.

Possession with Intent to Distribution Heroin Attorneys in Brick NJ

If you think you may have an addiction to heroin, it is important for you to seek help and rehabilitation. There is no doubt in this regard that you have an issue with this drug if you have a prior conviction or are now facing a charge of intent to distribute heroin. Speaking to others and admitting your addiction may be one of the most important decisions that you can make for yourself, your family, and your future. Perhaps this won’t be the first time you have been down this road but this may be the time for you turn the corner. There are many twenty-four hour help lines that you contact to get started on your road back to health, including heroinhelp.com, which can be reached at (732) 286-6500. In the meantime, it is very important to speak with an attorney who can help your legal situation. Our heroin attorneys defend distribution cases throughout the county, including not only in major towns like Brick but also Point Pleasant Borough, Little Egg Harbor, Berkeley and Seaside Heights. Please call us at (732) 286-6500 to discuss the options with a highly experience heroin offense defense lawyer.

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