Heroin Charges Possession Lawyer in New Jersey

Heroin is classified as one of the most dangerous street drugs and individuals found in possession of any amount of heroin face serious criminal charges. A felony conviction of heroin distribution or possession could follow you for the rest of your life and affect your ability to get a job or further your education. Contact our New Jersey heroin defense lawyer today.

If you or your loved one has been charged with heroin distribution or possession, you do not want to enter the New Jersey criminal justice system without skilled legal representation. It is important to contact an aggressive drug possession defense attorney to advocate on your behalf and defend your legal rights. If you’ve been accused of processing heroin, contact our heroin defense lawyer in New Jersey today.

Were You Arrested For Heroin Charges in New Jersey?

When your freedom and future depend on how a criminal charge is resolved, you want a criminal defense attorney with the trial experience and legal knowledge of Jason A. Volet. Mr. Volet is a former New Jersey drug crimes prosecutor and understands the law from both sides of the courtroom. As a criminal defense attorney, he applies his strategic skills and detailed understanding of how prosecutors work to benefit his clients.

He is adept at identifying the weaknesses in the prosecution’s case and developing an aggressive defense strategy to rebut the drug charges. The experience of the criminal defense attorney you select can make all the difference in the outcome of your case after a charge of possession of heroin distributing or possessing. Your freedom is too important to trust to any inexperienced lawyer who is still learning on the job. Contact experienced New Jersey heroin possession attorney Jason A. Volet to fight aggressively for your rights.

Our NJ Heroin Possession Attorneys Can Help You

Heroin is classified as one of the most dangerous street drugs and individuals found in possession of any amount of heroin face serious criminal charges. A felony conviction of heroin distribution or possession could follow you for the rest of your life and affect your ability to get a job or further your education.

If you or your loved one has been charged with heroin distribution or possession, you do not want to enter the New Jersey criminal justice system without skilled legal representation.

It is important to contact an aggressive heroin possession attorney to advocate on your behalf and defend your legal rights and the penalties for possession. When your freedom and future depend on how a criminal charge is resolved, you want a criminal defense attorney with the trial experience and legal knowledge of Jason A. Volet.

Mr. Volet is a former New Jersey drug crimes prosecutor and understands the law from both sides of the courtroom. As a criminal defense attorney, he applies his strategic skills and detailed understanding of how prosecutors work to benefit his clients.

He is adept at identifying the weaknesses in the prosecution’s case and developing an aggressive defense strategy to rebut the charges. The experience of the criminal defense attorney you select can make all the difference in the outcome of your case after a charge of possession of heroin. Your freedom is too important to trust to any inexperienced lawyer who is still learning on the job.

How Is Heroin Classified in New Jersey? Is Possession of Heroin a Felony?

New Jersey law places controlled dangerous substances (CDS) in five schedules. Heroin falls under Schedule I under N.J.S.A. 24:21-5.
This schedule is for drugs with a high potential for abuse and no accepted medical use in treatment, or which lack accepted safety for use in treatment under medical supervision.

Under N.J.S.A. 2C:35-10, it is illegal to possess any amount of heroin in New Jersey. If you are found to be in possession of less than a half-ounce of heroin, you face a conviction for a crime of the third degree, which is an indictable offense (or felony). You could be subject to penalties that include:

• A fine of up to $35,000
• Imprisonment in state prison for up to five years
• A mandatory six-month suspension of your driver’s license.

However, if you are a first-time drug offender, you could be eligible to participate in a Pre-Trial Intervention (PTI) program. If you complete all of the program’s requirements, you could see the heroin possession charge against you dismissed.

What Are the Charges for Possession With Intent to Distribute Heroin in NJ?

The amount of heroin that you are accused of possessing can make a major difference in how a prosecutor treats your case. Instead of charging you with mere possession of heroin, a prosecutor will likely charge you with possession of heroin with intent to distribute. As a result, you could face significantly harsher punishment.

Under N.J.S.A. 2C:35-5, the amount of heroin that you are accused of possessing will determine the potential penalties that you face:

• Less than a half-ounce – This is a third-degree crime. You could face between three to five years in state prison and a fine of up to $75,000.
• A half-ounce up to five ounces – This is a second-degree crime that carries up to a $150,000 fine and between five to 10 years in state prison.
• Five or more ounces – This is a crime of the first degree. You could face between 10 to 20 years in state prison and a fine as high as $500,000.As you can see, New Jersey has some of the harshest penalties in the country for heroin-related crimes. If you are charged with possession of heroin with intent to distribute – simply based on an allegation that you possessed a certain amount of the drug – then you need to seek help from an experienced criminal defense attorney immediately. Jason A. Volet realizes that your freedom and your future are at risk. He will work hard to investigate your case and pursue a defense strategy that is aimed at getting the best result for you.

Charges of Possession of Heroin with Intent to Distribute in New Jersey

Some people who have street drugs for their own personal use are wrongly charged by police with possession with the intent to distribute because of the number of drugs in their custody. If that describes your situation, you need to seek a criminal defense attorney immediately because your liberty is at risk. Possession of more than one-half ounce up to five ounces with the intent to distribute is treated by New Jersey law as a crime of the 2nd degree and the penalties are enhanced.

A New Jersey Heroin Possession Conviction carries a sentence of five to 10 years in prison.

The penalties also will be enhanced if you are convicted of heroin distribution or possession with the intent to distribute in a school zone. If you have been found in possession of larger quantities of heroin, which may suggest drug trafficking, the penalties upon conviction are enhanced.

Actual vs. Constructive Possession

To convict a person of heroin possession – or possession of any other type of controlled substance – a prosecutor must show present evidence that proves “actual” or “constructive” possession beyond a reasonable doubt. This means that the prosecutor does not need to show that police found the heroin on a defendant’s person such as in their hands, pockets or backpack, which would be actual possession. Instead, the prosecutor can show that the heroin was found in an area that a defendant had control over such as in the defendant’s home or automobile.

The key issue is whether person “knowingly” possessed the heroin. So, if the heroin is found in next to a person in the home, and nobody else lives there, it could lead to a reasonable conclusion that the person knew that the heroin was there. On the other hand, a prosecutor may have a tougher time showing knowing possession if the heroin was not found near the person in the home, and the person shared the home with other people.

Heroin Possession Defenses

If you are charged with heroin possession, your attorney should explore all possible defenses. For instance, if the heroin was seized as the result of a traffic stop or car search that was unconstitutional, the attorney can argue that the heroin should be “suppressed,” or not admitted as evidence. If that occurs, a prosecutor may be forced to drop the charge.

Additionally, your attorney can look at where the heroin was found and challenge whether you actually knew that the drug was in your car or on your property. If you did not have exclusive possession of the area, and no other incriminating circumstances exist that would link you to the heroin, this defense may be highly effective.

In some cases, a person may be charged with heroin possession when the substance in question is something else. The prosecutor should order scientific tests to be performed on any controlled substance evidence that the prosecutor plans to introduce. Your attorney can challenge whether those tests were properly conducted by a qualified forensic chemist and may even challenge the accuracy of the test results.

How Can a New Jersey Heroin Attorney Help with a Distribution Charge?

If you are facing a serious drug possession charge, the penalties, if convicted, are harsh. The courtroom-tested legal skill that Mr. Volet possesses from having handled more than 2,000 cases can make all the difference in the outcome.[/su_column] [/su_row] A heroin possession charge in New Jersey is serious, but prosecutors still have the burden of proving the charge beyond a reasonable doubt to get a conviction. You need an aggressive attorney who will carefully investigate the drug charge against you and present your side of the story. In many instances, prosecutors do not have the full facts because the arresting police only provide information that supports their version of what occurred.

In our experience, most non-violent individuals who are charged with possession of heroin would benefit more from drug treatment and counseling than time in prison. It is part of our job to help a client get the treatment to deal with a drug problem.

When it is appropriate, Mr. Volet seeks to get a client who is charged with third-degree possession of a dangerous, controlled substance admitted to a pre-trial intervention program so you can address a problem you have.

My Child Was Arrested For Heroin Possession

If you have a teenage son or daughter who has been charged with possession of heroin, you do not want a youthful mistake to lead to a permanent criminal record that will affect the rest of your child’s life. It could unless a skilled attorney is advocating on your behalf.