If you are charged with the possession or distribution of heroin in New Jersey, you should be ready to face some serious penalties. The recent Fentanyl epidemic has led the State to taking a tougher stance with regard to heroin related crimes. Due to a recent change in the legislature all sentences for narcotic related offenses are "flat" sentences. This means that one must serve 1/3 of their sentence before they are eligible for parole.

Third Degree Distribution

If you are charged with possession or distribution of less than half and ounce of heroin you may be charged with Third Degree felony. A Third-Degree felony comes with a maximum fine of $15,000 and a prison sentence between 3 and 5 years in a New Jersey State prison.

Second Degree Distribution

If you are charged with possessing or distributing more than half and ounce of heroin but less than 5 ounces, you may be charged with a Second-Degree Felony. A Second-Degree charges come with a prison sentence between 5 and 10 years and a fine $250,000.

First Degree Distribution

If you are charged with possession or distribution of heroin of over 5 ounces you may be charged with a First-Degree Felony. A First Felony Degree felony comes with a maximum prison sentence of 20 years and a possible fine of $500,000. Possession of heroin is a very serious crime that can yield severe penalties if convicted.

How to get a Distribution or Possession Charge Dismissed

If you are facing a possession charge, there are a few ways to get it dismissed and it is important to consider the various legal defenses. Here are four strategies that could potentially lead to a dismissal:

1. Challenge the Legality of the Search: The Fourth Amendment protects individuals from unreasonable searches and seizures. If the search that led to the discovery of drugs was conducted unlawfully, the evidence may be not allowed at trial.

2. Dispute the Possession: If the State can’t prove, beyond a reasonable doubt, that you had actual and constructive possession of the drugs, the case may be dismissed. Actual possession means the drugs were found on your person or in an area exclusively under your control, while constructive possession applies when drugs are found in an area controlled by multiple individuals. We can challenge the state’s ability to prove your intent to control those drugs.

3. Question the Substance’s Legality: The prosecution must establish that the substance in question is an illegal drug. Usually, a certified lab report is used as evidence, but you can challenge the report by raising timely objections and questioning the lab’s procedures or findings. If the validity of the lab report is undermined, it could lead to a dismissal of the case.

4. Raise Discovery Violations or Entrapment: You have the right to access all evidence held by the prosecution. If the prosecution fails to provide you with all of the evidence to be used against you, your case may be dismissed. Additionally, if you can demonstrate that you were entrapped by the police, or that you were coerced into committing a crime that you would have never committed, entrapment may serve as a viable defense.

5. Recovery Court: In many cases, recovery court may be a good option to have your narcotics case dismissed. Not only does completing recovery court dismiss your charges but also expunges your entire record.

Distribution and Possession offenses vary greatly between the quantity and the facts surrounding the case. You need an attorney that has experience with all of them. Contact the Law Offices of Ravi Shah, LLC. for a free consultation. Our legal team will diligently work with you to prepare quality legal strategies to get you the best possible outcome. Contact us today.