Trenton Heroin Possession Lawyer
The surge of opioid addiction has resulted in hundreds of heroin possession charges in Trenton New Jersey. If you were arrested for possessing heroin in Mercer County, it is a felony that falls outside local jurisdiction and must be dealt with at the Superior Court in Trenton. The attorneys at our defense firm, the Law Offices of Jonathan F. Marshall, have successfully defended many individuals who have been charged with a third degree crime for possession of heroin in Trenton and other municipalities in the county. Our team of criminal lawyers has over 100 years of collective experience, including time serving as prosecutors, to put into action on your behalf. To speak to a lawyer who can help you avoid a plea or finding of guilt, call 609–683–8102.Heroin Possession Offense in Trenton
It is illegal under N.J.S.A. 2C:35-10 to “knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner”. Subsection a(1) is directed at possession of a Schedule I Controlled Dangerous Substance (“CDS”), including heroin. A conviction for personal possession, as opposed to distribution of heroin, is a third degree crime. Jurisdiction to decide an indictable crime such as this rests solely with the Mercer County Superior Court in Trenton.
You can possess heroin in violation of 2C:35-10a(1) either actually or constructively. Actual possession means that the heroin was in your direct custody and control such as in your purse, pocket, jacket, or otherwise on your person. You constructively possess heroin when this form of CDS/drug is not in your direct control but you are both aware of its presence and have the intention and ability to exercise control over it in the future.
A conviction for possession of heroin carries serious penalties at the time of sentencing in Trenton. You face a maximum fine of $35,000. You can also be sent to state prison for a term of up to 5 years. In addition, all cases of possession of cds in Trenton or anywhere else result in a driver’s license suspension of 6-24 months. If you possessed heroin within 1,000 feet of a school, whether in Trenton or another Mercer County municipality, you must also perform at least 100 hours of community service.
You can apply to avoid the penalties previously described, as well as a criminal conviction, through the Pretrial Intervention program. This relief is reserved to first time offenders who meet strict eligibility requirements. An attorney on our defense team can assist you in securing a diversion in this manner.
Trenton Heroin Possession Defense Attorney
Heroin is certainly perceived by the Trenton Police Department and other law enforcement agencies as a drug that needs to be eradicated at all cost. Prosecution can often be aggressive in order to achieve this objective. Having a defense attorney who is well equipped to counteract these efforts is a powerful tool. The lawyers at our firm fit this description with multiple former prosecutors and litigators who each possess over 15 years experience. To obtain a free consultation with a lawyer anytime of day or night, contact our office. Attorneys can be reached immediately for assistance at 609–683–8102.