Possession and Distribution of Opiates Attorney Union County, NJ

Serving Clients across Linden, Elizabeth, Scotch Plains, Cranford, North Plainfield, and Union County

The street drug known as heroin is an illegal narcotic in New Jersey and across the US. As a result, it is illegal to possess and distribute heroin under any circumstance. Possessing just one bag will subject a person to a criminal charge. Similarly, possessing a prescription opioid without a prescription from a doctor will result in an arrest and charges. Under both circumstances, a person can go to state prison for the simple possession and can even be charged with distribution for giving the drug to another person.

Manufacturing, Dispensing, or Possessing Heroin in NJ

It is illegal to manufacture, dispense, or possess a controlled dangerous substance (CDS).  To possess something means that it is within your control, or within your ability to control.  Under New Jersey law, it is possible for multiple people to be charged with possessing the same single item of CDS. On countless occasions, police have pulled over a vehicle and found drugs. In many of those cases, there were multiple people in the car and not one person would own up to the drugs. The police then charge all occupants with the drugs and each person then has to go to court.

Constructive Possession of Opiods Attorney Linden NJ

The ultimate test during a trial in these cases is whether or not the person charged possessed the item or whether he “constructively” possessed the item.

The term constructive possession refers to the knowledge and ability to control the drugs. Consider the scenario above. If you were seated in the back seat of the car behind the passenger seat and the drugs were found behind the driver’s seat, you could have reached and taken control of the drugs. While it may seem ridiculous that you can be charged with possession of drugs found in someone else’s car, it can and does happen on a regular basis.

Heroin Distribution Charges Elizabeth NJ

Distribution of an opioid, whether prescription or illicit drug, is a serious crime. If you have been convicted or pleaded guilty to distribution and you pick up a second charge of distribution, you could be facing a mandatory term of incarceration under a law known as Brimage.

Very little proof is needed to sustain a charge of drug distribution, as the state must simply demonstrate to a jury that you possessed a drug, knew it was a drug, and that you distributed the drug to another person. In some cases, two people get together and decide that they want to purchase drugs from another person in a larger quantity. The intention of the purchasers is to split the brick, bundle or packets of heroin. If the person who purchases the drugs comes back and gives a quantity to the other person, he can be charged with distribution.

Possession with Intent to Distribute Charges Cranford NJ

A person can be charged with possession with intent to distribute if he or she has larger quantities of drugs or if there are other facts or circumstances that show that there may have been an intention to sell the drugs. For instance, if you had many packets of heroin that one person could not possibly use in a reasonable amount of time, you can be charged with possession with intent to distribute.

Possession or Distribution of Heroin Penalties North Plainfield NJ

In most cases of possession or distribution, the person is charged with a third-degree offense. If you are convicted of a third-degree offense, you can go to state prison for 3-5 years.  If you were previously charged with distribution, you will be subject to a Brimage sentence, which means that you can go to state prison for a certain term with a parole disqualification. In other words, you will have to serve a certain number of months or years before you are eligible for parole. Even in the case of a third-degree charge, you can serve double or triple the amount of time as a normal person who is subject to prison for 3-5 years.

It is possible to avoid prison and resolve your charges for possession or distribution of drugs like heroin and prescription opioids. For example, drug court and probation are options under the right circumstances. For more information about your options, contact our office today to discuss your case.

Contact a Plainfield NJ Drug Possession and Distribution Defense Attorney

Don’t wait if you or a loved one are facing charges for possession and distribution of drugs. Contact trusted criminal defense Law Offices of Edward S. Cooper who serve clients in Elizabeth, Cranford, North Plainfield, Linden, and across Union County, New Jersey. The attorney will evaluate your unique case and defense strategies. You can fill out our online form, or dial 908-481-4625 today to get in touch with one of our representatives.