What are the Penalties for Heroin Charge in New Jersey?
Facing a Heroin Charge in Monmouth County?
Have you or a loved one been charged with a heroin related offense in Monmouth County? If so, you are not alone. Unfortunately, heroin related offenses, whether it be the simple possession of heroin, the possession of heroin with the intent to distribute or driving under the influence of heroin are some of the most common charges issued in Monmouth County. It is no secret by now that New Jersey as whole has been battling what has been referred to as an epidemic. Heroin is an extremely powerful drug and it can have an absolute devastating impact on not only the individual addicted but their family and friends as well.
As you will see below, heroin possession is a third degree indictable offense, which is New Jersey’s version of a felony. If you have been charged with a heroin related offense in Monmouth County, the Law Office of Proetta & Oliver can help. Our attorneys are well aware of what a conviction for the possession of heroin let alone the distribution of heroin can to do someones life. If you would like to speak to one of our lawyers about your options, then please contact our Freehold office at 732.858.6959. One of our lawyers 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 Freehold, Middletown, Ocean Township, Wall Township, Asbury Park, Belmar, Atlantic Highland, Hazlet, Tinton Falls, Eatontown and Howell.
Here is what a former client had to say about our services:
A Champion For A Struggling Addict
Is Heroin Possession a Felony in New Jersey?
Yes. All heroin possession charges will be governed under NJSA 2C:35-10a(1). Heroin possession is considered a third degree indictable offense, regardless of the quantity of heroin, including trace amounts. With that being said, if the quantity is significant enough, the Defendant could be charged with the possession of heroin with the intent to distribute. If that is to occur, the quantity of the drug will dictate what degree of a felony a Defendant is charged with.
Why Do I Have to Go to Freehold for a Heroin Charge?
Since all heroin possession charges are considered a felony offense, they must be transferred to the Monmouth County Superior Court in Freehold Township for disposition. Anyone charged with the possession of heroin in Monmouth County will receive a Central Judicial Processing (CJP) date. This is considered the Defendant’s initial appearance, after this hearing the Defendant will most likely be given a Pre-Indictment Conference (PIC)date. During this hearing, the prosecution will most likely make their initial plea offer. Depending on the facts surrounding the charges, at this hearing defense counsel could seek to convince the prosecution that the charges should be downgraded to disorderly persons offenses (misdemeanor) and remanded back to the local municipal court.
Can I Expunge a Heroin Charge in New Jersey?
Yes, depending on a Defendants prior criminal history and the resolution of the charges, heroin possession charges can be expunged. For more information on expunging a heroin conviction in New Jersey, please click the link.
Penalties for Possession of Heroin in NJ
If convicted of a third degree heroin possession charge, a Defendant would be subject to the following penalties:
- 5 Years in Prison
- $35,000 Fine
- $1,000 DEDR Fe
- $50 Lab Fee
- $30 LEO Fee
- $50 VVCA Fee
- $75 SNS Fee
- 6 Month to 24 Month Loss of Driving Privileges
- Random Urine Monitoring
- Community Service
- Court Ordered Rehab
Heroin Possession Charges in Hazlet NJ
Proetta & Oliver is a Monmouth County based criminal defense firm that has been defending those accused of possessing heroin in towns throughout the County including Ocean Township, Manasquan, Neptune, Colts Neck, Red Bank, Keyport, Union Beach, Tinton Falls and Aberdeen. This is a very serious offense and should not be taken lightly. As you can see from reading above, if convicted, the penalties can be crippling. To speak to one of our Monmouth County heroin possession attorneys today, please contact our Middletown office at 732.858.6959. As always, our initial consultations are free of charges.