Hudson County Heroin Distribution Lawyer

The use of heroin has become a pressing issue in New Jersey over the recent years. Law enforcement makes it a habit to prosecute heroin distribution crimes aggressively. The Hudson County Prosecutor’s Office has a task force to combat the heroin dealing and organized crime cases where they often seek harsher penalties for individuals who are caught manufacturing and selling heroin.

You may also find yourself charged with additional penalties for the location in which the offense took place.  An example would be distribution of heroin within 1000 feet of a school zone or possession with intent to distribute within 500 feet of a public park or housing.  William A. Proetta and the criminal defense attorneys at our office deal with heroin possession and distribution cases on a regular basis and know what it takes to defend these tough cases.

Our lawyers know how the local justice system works and we will bring that advantage to the table for you in order to help you obtain a successful outcome.  Examples of these successful outcomes include admittance into programs such as Pre-Trial Intervention and Drug Court or even remanding the charge to municipal court for the possibility of lesser penalties.  Our office represents clients charged with intent to distribute heroin throughout New Jersey including Weehawken, West New York, Belleville, Bloomfield, Secaucus and Montclair. Contact our Hudson County office today to speak with a heroin distribution criminal lawyer at (201) 793-8018 absolutely free of charge.

Can I Go To Jail For Distribution of Heroin?

Generally yes –  distribution of heroin is considered a felony and is punishable by state prison. Under certain circumstances, a conviction for heroin distribution could result in mandatory incarceration – even for a first time offender. Overall, you face very complicated penalties and risk extended prison terms under the Brimage Guidelines. Equally important, you risk separate, consecutive prison sentences if you possess a gun.

Hudson County Heroin Distribution & Intent to Distribute Law

2C:35-5. Manufacturing, distributing or dispensing

a. [I]t 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, [cocaine]…or
(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit [cocaine].

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.

Degree                 Weight                      Penalties

Here is What You Should Do If Arrested for Heroin in Hudson County

1. Exercise Your Right to Remain Silent: Do not explain yourself, offer alibis, or answer questions from the police or prosecutors. Politely state that you are exercising your right to remain silent and want to speak to an attorney.

2. Hire a Criminal Defense Attorney: Heroin charges are indictable offenses (felonies) in New Jersey. You need legal representation as soon as possible to navigate the complexities of the NJ criminal justice system.

3. Do Not Consent to Searches: If law enforcement asks to search your home, car, or phone, respectfully decline unless they present a valid search warrant.

4. Stay Off Social Media: Do not discuss your arrest, the charges, or your drug use online or with friends. I have seen plenty of cases where the police screenshot your post and use as evidence against you.

5. Write Down the Details: You need to write everything down while your memory is fresh. I always tell clients that it is very helpful to document everything you remember about the arrest. I want my clients to tell me where the arrest happened, what the officers said to you, and how the police did the search.

How Can I Fight My Heroin Case?

At Proetta, Oliver & Rosen we have a long history of success at fighting heroin distribution cases. We will challenge constitutional violations by the police and file suppression motions to toss evidence. As an illustration this can include – law enforcement not having probable cause to make a stop or arrest. Our attorneys have also won cases because of an illegal search or even the mishandling of evidence. I always file motions to suppress evidence from a bad search or seizure to force a dismissal of the charges.

Defense Lawyer for Distribution of Heroin in Hudson County

At Proetta, Oliver & Rosen we know how to handle heroin and drug distribution charges. Are you searching for lawyers with a dedicated criminal defense practice that includes defending heroin possession in Hudson County? Our attorneys regularly litigate heroin cases in Union City, North Bergen, Kearny, Jersey City, and Hoboken. Call us to discuss your criminal charges with an experience heroin distribution lawyer. You can reach us at our Jersey City at (201) 793-8018 for a free initial consultation today.

Frequently Asked Questions About Heroin Distribution Charges in Hudson County

How does New Jersey determine the severity of a heroin distribution charge?

In New Jersey, heroin distribution charges are graded based directly on the measured weight of the drug. Selling or possessing with intent to distribute less than half an ounce is a third-degree crime. An amount between half an ounce and 5 ounces is a second-degree crime. Finally, dealing 5 ounces or more is classified as a first-degree crime, which is the most severe drug offense under state law.

What are the penalties for a first-degree heroin distribution conviction?

A first-degree heroin distribution conviction (involving 5 ounces or more) carries a mandatory state prison sentence of 10 to 20 years. Additionally, the judge is required to impose a period of parole ineligibility ranging from one-third to one-half of the total sentence, and you could face a fine of up to $500,000.

Can I be charged with intent to distribute even if I was just possessing the heroin for personal use?

Yes. Police and prosecutors routinely upgrade simple possession charges to “possession with intent to distribute” if they find circumstantial evidence of dealing. This evidence often includes the presence of scales, baggies, cutting agents, a large amount of cash, or heroin packaged in individual “folds” or “stamps,” regardless of whether a hand-to-hand transaction was actually witnessed.

Are the penalties worse if the arrest happened near a school or park?

Yes. Under New Jersey law, selling or intending to distribute heroin within 1,000 feet of school property carries a mandatory minimum prison sentence. Furthermore, committing distribution within 500 feet of a public park or public housing facility automatically elevates the charge to a second-degree crime, exposing you to 5 to 10 years in prison, regardless of the actual weight of the heroin.

Is it possible to avoid prison for a heroin distribution charge in Hudson County?

While first- and second-degree charges carry a presumption of incarceration, third-degree distribution charges have a presumption of non-incarceration for first-time offenders. Additionally, if the root cause of your offense was a severe addiction, a skilled defense attorney may be able to secure your admission into Pre-Trial Intervention or Recovery Court (formerly Drug Court) program as alternatives to state prison. Both programs can also result in the charges being dismissed and expunged upon completion.