New Brunswick NJ Heroin Distribution Lawyer
Intent to Distribute Heroin Attorneys in Middlesex County, New Jersey
Heroin is the popular drug of choice among many recreational opiate drug users. Due to its growing demand in New Jersey, the drug has fueled a very competitive and profitable heroin distribution market. The State of New Jersey has enacted very serious penalties against anyone caught manufacturing, distributing, or selling heroin. If convicted, you or your loved one will face the potential of mandatory incarceration in state prison. This is true even in the case of a first-time offender because distribution of heroin is a felony. Additional penalties apply when the offense takes place within a School Zone or within 500 feet of a Park or Public Housing. Our firm’s founding attorney, Will Proetta, has handled well over one thousand cases that include numerous heroin distribution and heroin possession charges as well as cocaine distribution, cocaine possession, marijuana possession, and prescription drug offenses.
How Can A Woodbridge Heroin Lawyer Help Me?
As an experienced criminal defense law firm, our attorneys know how the court system operates. We regularly defend clients arrested throughout Middlesex County for heroin charges. We will examine any evidentiary issues such the probable cause for the motor vehicle stop or if it was an illegal search that turned up the drugs. If these issues can be pinpointed early on sometimes it can result in the case being remanded to municipal court as a disorderly persons offense. If the case stays at the Superior Court then will work with the Middlesex County Prosecutor’s Office to help secure your admittance into Pre-Trial Intervention in an effort to avoid a criminal record. Other options may include Drug Court, which can help you to avoid state prison, or a downgrade, which according to the circumstances, may remand your case to municipal court. We represent clients charged with intent to distribute heroin throughout Middlesex County, including New Brunswick, Carteret, Cranbury, Piscataway, Sayreville, and Monroe Township. Contact our Edison office today to speak with a Middlesex County heroin defense lawyer at (732) 659-9600 absolutely free of charge to build a case strategy to meet your needs.
Law For Heroin Distribution and Intent to Distribute N.J.S.A. 2C:35-5
2C:35-5. Manufacturing, distributing or dispensing heroin
a. It shall be unlawful for any person knowingly or purposely:
(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, [heroin]…or (2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit [heroin].
b. Any person who violates subsection a. with respect to:
(1) Heroin, or its analog, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. The defendant shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole. A fine of up to $500,000.00 may be imposed;
(2) A substance referred to in paragraph (1) of this subsection, in a quantity of one-half ounce or more but less than five ounces, including any adulterants or dilutants is guilty of a crime of the second degree;
(3) A substance referred to in paragraph (1) of this subsection in a quantity less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree, and a fine of up to $75,000.00 may be imposed.
Heroin Distribution Penalty in New Jersey
Heroin distribution carries some of the most severe penalties in the New Jersey criminal code. These penalties – the most serious being prison time – are determined by the weight of heroin that a defendant is accused of distributing or possessing with intent to distribute:
|First Degree Heroin Distribution||5 ounces or more of heroin||10 – 20 years state prison; presumption of incarceration|
|Second Degree Heroin Distribution||½ ounce – less than 5 ounces of heroin||5 – 10 years state prison; presumption of incarceration|
|Third Degree Heroin Distribution||Less than ½ ounce of heroin||3 – 5 years of state prison|
If you are accused of distributing at least five ounces of heroin, you will be charged with a first degree crime. This is important because a conviction on a first degree heroin distribution charge will force the judge’s hand when the time comes for sentencing. The judge in your case may be required to sentence you to a minimum mandatory term of incarceration of at least 1/3 of the sentence, and you will be ineligible for parole during this time.
Contact a South Plainfield NJ Distribution of Heroin Lawyer for More Information
Heroin distribution cases, like other drug charges, can be very complicated due to Brimage Guidelines. As a result, suppression issues arise that must be litigated by an experienced criminal attorney. For example, if the state mishandled and improperly tested the drugs found, then there was likely insufficient probable cause for arrest. Other examples may include an illegal search and seizure or an inadmissible confession. At the Law Offices of Proetta & Oliver, our lawyers understand heroin distribution charges. In fact, we devote our entire practice to criminal and municipal court defense for clients including heroin possession and distribution throughout Middlesex County and New Jersey, such as South Plainfield, South Brunswick, Perth Amboy, Jamesburg, Spotswood and Sayreville. If you would like to discuss your charges with an experienced heroin distribution lawyer then contact our office at (732) 659-9600 for a free initial consultation today.