2nd Degree Heroin Distribution Indictment Dismissed
Possession of Heroin with Intent to Distribute Charges Dismissed in NJ
Proetta & Oliver was able to secure a dismissal of an indictment that charged our client with a slue of drug distribution offenses including possession of heroin with the intent to distribute within 500 feet of a public housing complex. According to the discovery, the detectives alleged that they received a tip from a confidential informant indicating that our client was distributing heroin out of a public housing complex. The confidential informant allegedly gave the detectives of a brief description of our client and the location at where they believed he would stash his drugs. Based on the tip, the detectives approached the housing complex, placed our client under arrest and located the drugs where the confidential informant indicated.
Due to the severity of the charges, the prosecution declined to make a pre-indictment offer and marked the case for the Grand Jury. The case was eventually indicted and our client was charged with a slue of drug offenses including:
- Possession of Heroin with the Intent to Distribute
- Possession of Heroin with the Intent to Distribute within 500 Feet of Public Park
- Possession of Heroin with the Intent to Distribute within 1000 Feet of a School
- Possession of Marijuana
- Heroin Possession
Upon obtaining full discovery it was clear that the detectives version of events was not adding up. Furthermore, it became even more evident that the detectives did not physically observe an illegal conduct on behalf of our client and were simply relying upon the confidential informants statements. Based on that our office filed a motion to dismiss the indictment as well as a motion to reveal the identity of the confidential informant. Typically a motion to disclose the identity of a confidential informant is very difficult to win. However, based on the facts of our case, specifically that the fact that the detectives did not observe any illegal conduct and that the drugs were actually located on our client we knew we had a great shot. With the motions pending, the prosecution decided to dismiss the indictment in its entirety as it related to our client as opposed to taking a risk of having to disclose their confidential informant. This was a tremendous win for our client as a conviction for the possession of heroin with the intent to distribute within 500 feet of a public housing complex would have required him to be sentenced to a term of incarceration for not more than 10 years but not less than 5 years.
Drug Distribution Defense Attorneys in New Jersey
If you or a loved one has been charged with a serious indictable offense like possession of heroin with the intent to distribute, possession of cocaine, unlawful possession of a weapon, burglary or any other offense for that matter in Monmouth County or elsewhere in New Jersey, we strongly urge that you contact an attorney as soon as possible. Understanding your options, including potential defense is absolutely crucial when it comes to trying to mount a successful defense. Proetta & Oliver is a Monmouth County based criminal defense firm that is comprised of attorneys who have dedicated their careers to defending those accused of crimes. We fully understand the stress and anxiety that most feel when they are charged with a criminal offenses let alone a serious felony offense. If you would like to set up a free initial consultation today, please contact our Middletown office directly at 732.858.6959. One of our attorneys would be glad to go over the specifics of your case and formulate a game plan that works best to suit your needs. We serve all of Monmouth County, including Asbury Park, Wall Township, Ocean Township, Long Branch, Neptune City, Middletown, Union Beach, Keyport, Manalapan and Keansburg.
State v. T.W. (2019)