Possession of Heroin in New Jersey – 2C:35-10

Elizabeth, NJ Heroin Possession Charge Attorney

                                            Heroin Possession Charge in New Jersey

Heroin possession is a serious offense in New Jersey, governed by N.J.S.A. 2C:35-10. Whether you’re caught with a small amount or a larger quantity, the penalties can be severe. The penalties can range from years in jail, large fines and court costs, probation, community service, loss of driving privileges, and a criminal record. In addition to facing possession of heroin, you could also face drug possession, drug distribution, cocaine possession, and cocaine distribution charges. If you or a loved one is facing heroin possession charges in New Jersey, then you need to speak to an attorney to discuss your case. Attorney Brett M. Rosen is an excellent choice for your 2C:35-10 heroin possession charge. Here’s why:

  1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
  2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
  3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
  4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
  5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing a possession of heroin charge in New Jersey, it is important that legal assistance is sought. Contact our criminal justice law firm today to discuss your potential 2C:35-10 case.

What is a Heroin Charge in New Jersey?

New Jersey Law 2C:35-10 defines the offense of possession of a controlled dangerous substance (CDS), including heroin, in the state of New Jersey. Here’s an explanation:

  • 2C:35-10 states, “a person who knowingly or purposely possesses a controlled dangerous substance is guilty of a crime of the third degree.”

Elements of the Offense

  • Knowingly or Purposely: The prosecutor must prove that the defendant possessed the heroin knowingly or purposely.
  • Controlled Dangerous Substance: The substance in question must be classified as a controlled dangerous substance under New Jersey law. Heroin is listed as a Schedule I controlled substance, indicating its high potential for abuse and no accepted medical use.
  • Possession: Possession means having physical control or constructive possession of the heroin. Constructive possession occurs when the defendant has the ability and intent to exercise control over the substance, even if it’s not physically on their person.
What are the Penalties of a Heroin Possession Charge in New Jersey?

Even for a first offense, possession of heroin (2C:35-10) entails the following consequences:

  1. Prison Time: You could face 3 to 5 years in prison.
  2. Monetary Fine: The fine ranges from $500 to $15,000, depending on the amount.
  3. Driver’s License Suspension: Your license may be suspended for 6 months to 2 years.
  4. Court-Ordered Drug Rehabilitation: Mandatory participation in a drug rehab program.

Second Offense: If convicted a second time, the minimum fine increases to $75,000, and the prison sentence ranges from 15 days to 2 years. Third Offense: For a third heroin possession conviction, the minimum fine jumps to $5,000, and the prison term is at least 90 days (up to 3 years).

Additionally, a heroin possession conviction results in a permanent criminal record. This record can adversely impact various aspects of your life, including job opportunities, immigration status, and child custody.

Enhanced Penalties Near Schools or Parks

If you’re caught with heroin within 1,000 feet of a school or park, additional penalties apply:

  • Community Service: Upon conviction, you may be required to perform 100 hours of community service.
  • Reduced Parole Options: Your chances of parole are diminished.
  • Increased Fines: Possession within 500 feet of a public park can add up to 5 years to your sentence and up to $35,000 in fines.

Notably, awareness of proximity to a school or park is not a prerequisite for facing these additional penalties.

Heroin Possession Near Public Housing or Public Buildings

Under 2C:35-7.1, possessing heroin with intent to distribute near public housing or other public buildings is a second-degree crime. The penalties include:

  • Up to 10 Years in Prison
  • Fines of up to $150,000

Again, lack of awareness regarding proximity to public buildings or housing does not exempt you from these consequences.

How to Defend Against a NJ Heroin Possession Charge

If you’re facing heroin possession charges, consider the following steps:

  1. Consult an Attorney: Seek legal representation promptly.
  2. Explore Legal Options: An experienced attorney can help you explore defenses, negotiate plea deals, or challenge evidence.
  3. Protect Your Rights: Understand your rights during the legal process.

Remember, the best defense begins with informed action. Reach out to a skilled attorney to navigate the complexities of heroin possession charges and safeguard your future. Some defenses that an experienced criminal defense attorney can discuss with you are: 

  1. Challenging the Legality of the Stop and Search:
    • You can challenge the legality of the traffic stop that led to your arrest. If the police lacked probable cause or a valid warrant, any evidence obtained during the search may be inadmissible.
  2. Proof of Possession:
    • The prosecution must prove that you were in actual or constructive possession of the heroin. Constructive possession means having control over the drug even if it’s not physically on your person.
    • If there are doubts about whether the heroin was truly yours, this can be a defense strategy.
  3. Details of the Search:
    • Examine the details of the search. Were proper procedures followed? Were there any errors in the chain of custody from seizure to lab testing?
    • If there were mistakes or violations, it could weaken the prosecution’s case.
  4. Lack of Knowledge or Intent:
    • If you were unaware that the substance was heroin or if you lacked the intent to possess it, this can be a defense. For example, if someone else left the heroin in your car without your knowledge.
  5. Medical Necessity:
    • If you have a valid prescription for a similar substance (such as opioids for pain management), you can argue that you possessed the heroin out of medical necessity.
    • Consult with your attorney to determine if this defense applies to your situation.
  6. Violation of Miranda Rights:
    • If the police failed to read you your Miranda rights during the arrest, any statements you made afterward may be inadmissible in court.
  7. Suppression of Evidence:
    • If there were constitutional violations during the search or seizure, your attorney can file a motion to suppress evidence. This could lead to the exclusion of crucial evidence against you.
  8. Substance Testing Accuracy:
    • Challenge the accuracy of the lab tests used to identify the substance as heroin. Errors in testing procedures or contamination can weaken the prosecution’s case.

If you or a loved one is facing a heroin charge in New Jersey, give our office a call to discuss the case. 

Pre-Trial Intervention & Heroin Charge in NJ

  1. What Is Pre-Trial Intervention (PTI)?:
    • PTI is a diversionary program designed for first-time criminal offenders in New Jersey.
    • Instead of facing harsh prosecution, eligible individuals can opt for PTI.
    • PTI aims to provide treatment and rehabilitation rather than punishment.
  2. Eligibility for PTI:
    • You may be eligible for PTI if:
      • You’ve been charged with a third or fourth-degree crime.
      • You haven’t completed probation, incarceration, or parole within the last five years.
      • You’ve never participated in PTI or received a conditional discharge.
      • Your current offense doesn’t involve the sale, distribution, or possession of a Schedule I or II drug with intent to distribute.
  3. Application Process:
    • Apply for PTI at the Criminal Division Office in the county where the charge is filed.
    • You’ll undergo an interview with a staff member from the Criminal Division of the Superior Court.
    • A report is prepared based on the interview, recommending admission or rejection into the PTI program.
    • If accepted, you’ll participate in PTI with the consent of the prosecutor and your attorney.
    • If not accepted, you can appeal the decision to the presiding judge in the Criminal Division.
  4. Exceptions:
    • While first and second-degree heroin charges are generally not eligible for PTI, an application can be considered upon the prosecutor’s consent.
    • If you’re caught in possession of heroin without intent to distribute, you may qualify for PTI.
  5. Duration and Conditions:

Remember that seeking legal advice from an experienced attorney is crucial. If you’re facing a heroin charge in New Jersey and wish to explore PTI, consider reaching out to lawyers who specialize in criminal defense. They can guide you through the process and help you make informed decisions. Contact our office today to discuss your heroin charges. 

Drug/Recovery Court in New Jersey

  1. What Is a Drug/Recovery Court?:
  2. Eligibility for Recovery Court:
    • Eligibility criteria vary, but generally, recovery court is available for first-time offenders.
    • While first and second-degree heroin charges are typically not eligible, exceptions can be considered with the prosecutor’s consent.
    • If your current offense doesn’t involve intent to distribute, you may qualify for recovery court.
  3. Application Process:
    • Apply for recovery court at the Criminal Division Office in the county where your charge is filed.
    • Undergo an interview with a staff member from the Criminal Division.
    • A report is prepared based on the interview, recommending admission or rejection into the program.
    • If accepted, you’ll participate in recovery court with the consent of the prosecutor and your attorney.
    • If not accepted, you can appeal the decision to the presiding judge in the Criminal Division.
  4. Duration and Conditions:
    • Recovery court typically lasts up to 36 months.
    • Conditions may include random drug screenings, community service, mental health evaluations, and compliance with treatment recommendations.
  5. Seek Legal Advice:
    • It’s crucial to consult an experienced attorney who specializes in criminal defense.
    • They can guide you through the process, assess your eligibility, and help you make informed decisions.
Frequently Asked Questions (FAQs) 
  • Question: Is there a statute of limitations for a heroin possession charge in New Jersey?
    • Answer: Yes, In New Jersey, the statute of limitations for most crimes, including drug offenses like heroin possession, is 5 years. This means that the state has up to 5 years from the date of the offense to initiate legal proceedings. However, it’s important to note that if the possession is ongoing, the statute of limitations may not apply as the crime is considered continuing.
  • Question:  Can I expunge a heroin possession charge off my record in New Jersey? 
    • Answer: Yes, in New Jersey, the expungement of a drug possession charge, including heroin, may be possible under certain conditions. The state’s expungement laws have provisions that allow for the expungement of convictions for possession or use of controlled dangerous substances.

Top-Tier New Jersey Heroin Possession Charge Lawyer

There are many reasons why you might want to choose Brett M Rosen as your criminal defense lawyer for your heroin possession charge. Here are some of them:

  • He is a passionate and dedicated advocate who believes in standing up for the rights of his clients, even if they are accused of serious crimes.
  • He has extensive experience in handling criminal cases, especially drug-related offenses. He has represented clients facing charges such as possession, distribution, manufacturing, and trafficking of heroin, cocaine, marijuana, and other controlled substances.
  • He has a proven track record of success in the courtroom. He has won numerous cases at trial, securing not-guilty verdicts, dismissals, and favorable plea deals for his clients.
  • He has also handled some high-profile cases involving celebrities and reality stars, demonstrating his ability to handle complex and challenging cases with professionalism and skill.
  • He is a recognized leader in the legal community. He has been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive. He has also been featured in various media outlets, such as Men’s Journal, Future Sharks, and The American Reporter.

These are just some of the reasons why Brett M Rosen might be the best choice for your heroin possession charge. If you want to learn more about him and his services, you can contact him for a free consultation. He will be happy to answer any questions you have and discuss your case with you. He will fight for your rights and your freedom with passion and dedication.