Heroin possession charges can significantly impact a person’s life, and if you are currently facing them, you need an experienced Mercer County heroin defense lawyer on your side. Hiring a former prosecutor who now practices criminal defense law can mark the difference between a conviction and a dismissal. Contact the Law Office of Douglas Herring today.
Mercer County Heroin Defense Lawyer | Here to Help You
Attorney Douglas Herring is an experienced Mercer County criminal defense lawyer who will help you fight your drug charges. Mr. Herring is a former prosecutor in State and Federal Court. He will review your case and work to find the best defense possible. He will file motions for you in court and he will determine how to effectively argue your case to convince the prosecutor or the judge that the case is weak and the charges should be dismissed. Additionally, in many cases, Mr. Herring can assist you with seeking treatment if you feel you have a drug problem.
Heroin Possession Charges
In New Jersey, the simple possession of an illegal drug is called Possession of a Controlled Dangerous Substance (C.D.S.) and it is defined in New Jersey Statute 2C:35-10. This is the crime of possessing a drug for personal use. Depending on the circumstances, law enforcement may charge additional crimes, including Possession with Intent to Distribute – N.J.S.A. 2C:35-5, Possession of Prescription Legend Drugs – N.J.S.A. 2C:35-10.5, Possession with Intent to Distribute in a School Zone – N.J.S.A. 2C:35-7, Possession with Intent to Distribute within 500 feet of a public park or housing – N.J.S.A. 2C:35-7.1
What Happens if I am Charged with Heroin Possession in New Jersey?
The first element that the prosecution must prove is that whatever you possessed was a controlled dangerous substance. In N.J.S.A. 2C:35-2, New Jersey law defines Heroin as a CDS.
The next element that the Prosecution must prove is that you possessed or obtained the heroin. In New Jersey, if you know what the item is and you know you have the item, such as a controlled substance, you can face a possession charge. If you have heroin on your person, the law will call this actual possession.
If you have the heroin where you control it, the law will call this constructive possession. This means you could be found guilty for possession of heroin that was not physically on your person at the time of your arrest, as long as law enforcement can prove that you had control over it earlier. You should also note that more than one person can be in possession of heroin if they all share possession of the heroin
Finally, the Prosecution will need to prove must prove is that you acted knowingly or purposefully in obtaining or possessing the heroin.
In order for the prosecution to convict you of possession of heroin, they must prove the following elements:
- The item was heroin;
- That you possessed or obtained the heroin; and
- You knew you possessed the heroin.
For anyone charged with possession of heroin, the results may be disastrous. The federal government may suspend any financial aid for a person convicted of a drug offense, including possession. A drug conviction may prevent you from obtaining many types of assistance and programs. Most employers run background checks on anyone applying for a job and a conviction will most likely lead to you being not hired. Not only will you lose future employment, but a conviction can result in imprisonment and loss of your freedom. In addition to jail or prison time, a court will impose significant fines, and you will have a criminal record.
Contact a Mercer County Heroin Defense Lawyer
The bottom line is that if you were recently charged with the possession or intent to sell heroin, you have a lot on the line. Do what’s best for you and simply contact the Law Office of Douglas Herring to schedule your free consultation with our firm.