Heroin usage and related charges, like heroin possession and distribution, have become a major situation in New Jersey. As heroin fatalities and overdoses grow, NJ authorities are re-prioritizing their attention on heroin offenses, executing some of the strictest penalties in the country.
Heroin is pervasive and not limited to one ethnicity or socio-economic sector or location. New Jersey’s import/export infrastructure has made it one of the major sites for importation of illicit drugs like heroin in the USA.
With the increase in heroin usage, arrests for heroin have also jumped. Regardless of this escalating crisis, a heroin arrest doesn’t need to be a guilty verdict. Drug users and distributors must be protected under the law with the support of criminal defense attorneys serving places like Marlboro, New Jersey.
Speak with Villani & DeLuca drug defense lawyers to get legal guidance if you are facing charges in Marlboro, NJ for heroin possession or intent to distribute heroin.
Heroin is a Schedule 1 Controlled Dangerous Substance in NJ and possession constitutes a third degree crime. If convicted of heroin possession, you may face up to 5 years imprisonment and a top fine of $35,000.
New Jersey has witnessed heroin usage expand very quickly. Heroin is the “number one health care crisis” in New Jersey according to the Task Force on Heroin and Other Opiate Use by New Jersey Youths and Young Adults. Your NJ drug lawyer should have a history of success in defending clients from heroin charges.
Partner Carmine Villani, Esq. has been defending clients for drug possession and distribution crimes since Villani & DeLuca opened in 1996. Mr. Villani has served as a criminal prosecutor, which gives him a perspective on fighting drug charges that not many drug defense lawyers can draw from.
You cannot risk facing heroin charges and the resulting sentence without support from an experienced attorney. Your future job prospects will also be greatly diminished if you are convicted of a drug crime. Your life as you know it can be much more rewarding if you can lessen the charges.
The specifics of your charge can influence the outcome of your trial. The volume of heroin in your possession at the time of an arrest will help determine if you receive a possession or distribution charge. Things like school zones also play a major role.
Even though you were brought up on charges for heroin possession or distribution does not mean that you are doomed to imprisonment. People without a history of drug charges may qualify for Pretrial Intervention or conditional discharge. You may also fight the grounds of your arrest based on the actions of arresting police officers.
If you have been arrested for the intent to sell, your charges will be more severe than simple possession. Selling heroin carries larger fines, prolonged prison terms and a revocation of your license.
Distribution of heroin can carry more extreme penalties than simple possession. Possession of in excess of .5 ounces of heroin may cause law enforcement to charge you with intent to sell. Intent and actual distribution are treated as the same crime according to New Jersey state law. You could get up to a five-year sentence and be served a $75,000 fine for the intent to distribute just a half ounce of heroin. If arrested for attempting to sell more than 5 ounces of heroin, you will be faced with a first degree crime. If found guilty, you will be sentenced to 10-20 years and be forced to pay up to $500,000 in penalties.
Potential sentences are increased substantially when the criminal offense occurs in or near a school zone, which includes school buses and extends to areas up to 1,000 feet from the building or vehicle. If you are arrested in a designated school zone, there is a fixed imprisonment sentence with fines of up to $150,000 if convicted. Hiring an experienced drug crimes lawyer is essential for heroin arrests within school zones.
Numerous paths are available to you with the help of an attorney who has fought cases like yours in the past. A veteran NJ drug attorney may be able to have your case dismissed, have the charges significantly reduced or kept off your criminal record.
Without probable cause, an officer is restricted in what he may search. A heroin defense attorney will advise you based on your specific circumstances.
An additional option to avoiding a trial may be to pursue a conditional discharge, depending on your criminal record. Conditional discharge is a way of avoiding a criminal record under the condition that you will go on probation.
Pretrial Intervention (PTI) is another viable option for heroin addicts. It is used to prevent recidivism instead of a jail term. The PTI program can be very invaluable if you are grappling with addiction.
Talk with the legal professionals at Villani & DeLuca in a free discussion in order to discuss your arrest. Our NJ Heroin defense lawyers are available 24/7. Call (732) 965-3350 today to initiate your defense in Marlboro.
